Jimmy Fallon to take over for Conan O'Brien

[Yachtzee]

It's been speculated that it is Conan who will be in breach of contract for refusing to do The Tonight Show at 12:05 since his contract doesn't specify NBC guaranteeing him a time slot, just the show.

We'll see.

Even if that's the case, NBC still can't keep Conan from working on TV. That was the whole point of ABC v. Wolf. IIRC, ABC had a contract with Wolf and Wolf wanted to leave for CBS. ABC claimed he acted in bad faith and wanted to keep him off the air for two years on the basis of a non-compete clause. The court ruled that the non-compete clause was void because it had the effect of prevent Wolf from working in his field (Something about it amounting to indentured servitude). Of course ABC could get damages on the breach of contract, but they couldn't keep Wolf off TV. So Zucker saying he's going to prevent Conan from working in TV for the rest of his contract is just wishful thinking.

[Reds4Life]

Heard on the radio that Conan's last day on The Tonight Show is next friday. Haven't seen it reported anywhere though.

[Caveat Emperor]

Even if that's the case, NBC still can't keep Conan from working on TV. That was the whole point of ABC v. Wolf. IIRC, ABC had a contract with Wolf and Wolf wanted to leave for CBS. ABC claimed he acted in bad faith and wanted to keep him off the air for two years on the basis of a non-compete clause. The court ruled that the non-compete clause was void because it had the effect of prevent Wolf from working in his field (Something about it amounting to indentured servitude). Of course ABC could get damages on the breach of contract, but they couldn't keep Wolf off TV. So Zucker saying he's going to prevent Conan from working in TV for the rest of his contract is just wishful thinking.

Also the basis of why you cannot sue for specific performance on a contract for personal services.

[Yachtzee]

Also the basis of why you cannot sue for specific performance on a contract for personal services.

Also true. So they can't make Conan stay and do the Tonight show at 12:05 am either.

[Donder]

Someone tweeted this this morning. Jay and NBC can't be happy to see this one resurface.

http://www.funnyordie.com/videos/6d1...ent?rel=player

[Razor Shines]

Someone tweeted this this morning. Jay and NBC can't be happy to see this one resurface.

http://www.funnyordie.com/videos/6d1...ent?rel=player

hahahaha

[sonny]

What a phony. I've always disliked Jay.

[KronoRed]

Eh, he changed his mind, sports guys do it all the time

The one to blame here is NBC, when Jay wasn't going to retire and end up on another network they should have said "Ok good luck" instead of "we will keep you no matter what"

[Sea Ray]

I am a little surprised that NBC has to pay off Conan to the tune of $30-40mill and they still can't get a non compete out of the deal. Seems to me if Conan wants to work a late night gig with a competitor, he ought to be forced to give up some bucks to NBC.

[Yachtzee]

I am a little surprised that NBC has to pay off Conan to the tune of $30-40mill and they still can't get a non compete out of the deal. Seems to me if Conan wants to work a late night gig with a competitor, he ought to be forced to give up some bucks to NBC.

Read my earlier posts. Non-competes in a field like his are not going to be enforced. You can't keep a person from working in his field. It's not like other fields like sales where there are any number of companies a person can ply his or her trade at without being in direct competition with your previous employer. Conan has made his bones as a late-night TV host. You can't expect him to take a huge pay cut and go back to comedy writing if someone else wants to pay him to work in his chosen career. I suspect the settlement NBC makes with Conan will be less than what he could have gotten under his contract. It will simply be enough so that NBC can get him out and Conan can start looking for another opportunity. From NBC's perspective, it's probably better to have Conan whizzing on the tent walls from the outside than from the inside.

[Hoosier Red]

Ya know if I was NBC, I'm not sure I'd be in a huge hurry to get rid of him now. Of course it's all a lot of egg on the face, and they'll have to do it eventually. But right now people are watching, and ironic as it is, as long as he attacks NBC execs personally, it won't hurt the brand as much.

[KronoRed]

Ya know if I was NBC, I'm not sure I'd be in a huge hurry to get rid of him now. Of course it's all a lot of egg on the face, and they'll have to do it eventually. But right now people are watching, and ironic as it is, as long as he attacks NBC execs personally, it won't hurt the brand as much.

But people would stop watching at that point, just as they will when he changes networks.

You know if all of these gazillions of Conan supporters had been watching his show none of this would have happened

[Sea Ray]

Read my earlier posts. Non-competes in a field like his are not going to be enforced. You can't keep a person from working in his field. It's not like other fields like sales where there are any number of companies a person can ply his or her trade at without being in direct competition with your previous employer. Conan has made his bones as a late-night TV host. You can't expect him to take a huge pay cut and go back to comedy writing if someone else wants to pay him to work in his chosen career. I suspect the settlement NBC makes with Conan will be less than what he could have gotten under his contract. It will simply be enough so that NBC can get him out and Conan can start looking for another opportunity. From NBC's perspective, it's probably better to have Conan whizzing on the tent walls from the outside than from the inside.

Yeah, I read your earlier stuff and I get all that but I don't get the numbers. Apparently Conan can work Late Night TV again as early as Sept this year yet he still gets $30-40 million. No way he would have been paid that much by NBC for 9 mos of work so the taking a pay cut angle doesn't fly.

I don't know what he was being paid by NBC but let's say it's $10mill a year. If he's paid a $40mill buyout then I'd expect NBC to expect a non compete for 4 years

[Caveat Emperor]

But people would stop watching at that point, just as they will when he changes networks.

You know if all of these gazillions of Conan supporters had been watching his show none of this would have happened

I have no evidence to back me up on this, but I get the feeling just from talking to people that a lot of Conan viewers stuck with Stewart and Colbert instead of making the switch to "The Tonight Show" when Conan moved from 12:30 to 11:30.

[Caveat Emperor]

Yeah, I read your earlier stuff and I get all that but I don't get the numbers. Apparently Conan can work Late Night TV again as early as Sept this year yet he still gets $30-40 million. No way he would have been paid that much by NBC for 9 mos of work so the taking a pay cut angle doesn't fly.

I don't know what he was being paid by NBC but let's say it's $10mill a year. If he's paid a $40mill buyout then I'd expect NBC to expect a non compete for 4 years

Logically, you'd expect that. Legally, there's no chance in hell you'd get it. I really don't know what else to say other than: if the law was logical, a lot of people in my profession would be out of a job.

It helps if you don't think of this is a "buyout" but rather as an agreed settlement so that everyone walks away from the deal without the need for a lawsuit.