"I said, 'Les, so how you gonna win a lawsuit?," Stern recalls during a final meeting.
"'You put me on David Letterman. You put me on 60 MINUTES. Why did you put me on these shows?' Because the story of me going to SIRIUS brought in big ratings. So you can't have it both ways."
I have to say, If I were a lawyer I'd certainly see this as a good argument as to a lack of damages.
also -this- makes the above argument even better
I said, "You knew my deal. It was in the newspaper. It's a matter of public record. And, by the way, p.s., I didn't get any bonus payment. I got an accelerated payment."
CBS, and everyone really knew Stern's deal. To say it was undisclosed or CBS didn't get some benifit out of it seems a stretch.