Dr. Dave Kolin Wins Preliminary Injunction Freeing Him From USRN Contract
April 5, 2013 at 3:04 PM (PT)
DR. DAVE KOLIN won his bid for a preliminary injunction barring UNITED STATIONS RADIO NETWORKS from enforcing his contract with the company to keep him from competing against it. In court THURSDAY, Judge SHIRLEY WERNER KORNREICH delivered the injunction ruling, which KOLIN, a co-founder and former EVP/Comedy of USRN, told ALL ACCESS left him "thrilled, and a little bit stunned."
KOLIN's attorney STEVEN ECKHAUS told ALL ACCESS that the judge "very quickly agreed that there was a breach of contract" by USRN and granted the injunction based on the likelihood of KOLIN's case succeeding on the merits, irreparable harm, and public policy (noncompetes being ineffective in NEW YORK absent the need to protect trade secrets). USRN's argument that KOLIN was overpaid by about a million was rejected in the hearing, and ECKHAUS called the claim "disingenuous ... a misreading of the contract."
KOLIN, under the terms of the injunction, cannot reach out to hire away USRN employees and cannot take away any trade secrets, which ECKHAUS called fair. ECKHAUS added that the injunction was a "complete and utter win" for KOLIN, who he said will take the weekend off but whose phone is "ringing off the hook."