Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!


More On

Judge throws out Howard Stern’s $330 million Sirius lawsuit

Radio host says broadcasting company owes him millions of dollars for helping it grow

On Monday, New York State Supreme Court Justice Barbara Kapnick stood up to the slightly creepy, shades-sporting radio shock jock Howard Stern.

Justice Kapnick dismissed Stern’s $330 million lawsuit against satellite radio company Sirius XM Radio Inc., which he accused of withholding stock awards it allegedly owed him for helping it exceed growth projections by at least 2 million subscribers a year since 2006.

The suit claimed former subscribers of XM Satellite Radio Inc., which Sirius acquired in 2008, should be counted in calculating stock awards for Stern’s production company, One Twelve Inc., and fees for his agent, Don Buchwald. But Justice Kapnick dismissed Stern’s suit with prejudice, finding that Stern and Buchwald were bound by Stern’s 2004 agreement with Sirius, and that only the number of Sirius subscribers should be used to determine Stern’s stock awards.

“While it may be true that Stern and Buchwald hoped and expected to reap the benefits from any significant growth that Sirius experienced after they entered into the agreement, that subjective expectation cannot suffice to override the clear, unambiguous language of the agreement,” Kapnick wrote in her opinion.

A tweet from “The Howard Stern Show” said Stern plans on appealing.

Read Reuters for more about Stern’s suit.

Ashley Post

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.