Cumulus and Former KTCK-AM/FM, Dallas Hosts Ordered to Mediation
The legal skirmish between Cumulus Media and former KTCK-AM/FM, Dallas-Fort Worth sports talk hosts Dan McDowell and Jake Kemp is being ordered to mediation by U.S. District Court Judge Karen Gren Scholer. Cumulus had petitioned the court for an emergency temporary restraining order to stop the duo from publishing
their podcast “The Dumb Zone,” arguing that it violates the terms of their contracts, specifically the non-compete clause. McDowell and Kemp left “The Ticket” in July after being unable to come to terms on a renewal due to the two sides’ disagreement over digital initiatives. Since then, the two have been producing the aforementioned podcast. In response to the suit filed by Cumulus, McDowell and Kemp argue, “Plaintiff’s business is the operation of terrestrial radio stations – old media – and it was only in that business that Plaintiff employed Defendants. Plaintiff has realized only too late that it should have been moving into new media platforms for years now. Defendants’ new venture does not compete with Plaintiff, and their words and actions have complied with the restrictive covenants of their employment contracts despite, as will be shown below, almost all of those covenants are illegal restrictions on Defendants’ rights under the National Labor Relations Act.” Mediation has been set for August 22.
Tuesday (8/8), Cumulus filed suit against the duo on August 4 claiming they are in violation of several clauses in their contracts with the company. McDowell and Kemp left Cumulus last month after they were unable to come to terms on a renewal to remain with “The Ticket.” The sticking point was their desire to explore digital initiatives outside of their work with Cumulus. They have since launched a podcast via Patreon that Cumulus says violates their six-month non-compete. The company also alleges the two have violated the non-solicitation and non-disparagement clauses of their contract and additionally alleges they have “commandeered” company-owned social media accounts, threatened to release “conversations Defendants illicitly recorded” with company executives. Cumulus is seeking “emergency injunctive relief” plus attorneys’ fees and costs. McDowell told listeners to the podcast released on Sunday (8/6), “We’re working with certain advisors. We’ve been advised that we are doing nothing wrong, so don’t stop, for now. So right now, we are putting this out there, and what’s in store for tomorrow? I don’t know.”