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Wednesday, September 19, 2007

Rather And CBS Share The Same Dilemma

Dan Rather suing CBS? To paraphrase Ray Donovan who actually had the right to ask the question, when all is said and done, to which office do they go to get their reputations back?

Dan Rather, whose career at CBS News ground to an inglorious end 15 months ago over his role in an unsubstantiated report questioning President Bush’s Vietnam-era National Guard service, filed a lawsuit this afternoon against the network, its corporate parent and three of his former superiors.

Answer: The Lost and Not Found?

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Rather has nothing to lose. He either wins or doesn't lose.

His lawyers will take the case on spec. At the least they get publicity. And it is very likely that CBS will fork over a few millions to make him go away. Then you don't even go to court. The lawyer gets a big payday and Dan gets richer too.

CBS executives have every reason to pay. It costs them nothing. But if they go to trial they no longer control the situation. Then juries and judges can do almost anything to them. And given people at CBS may get bad press or through some misstep land in trouble.

So why bet your career when you can write a check for what amounts to peanuts out of the corporate bank account?

I think K's spot on this one.

Integrity is like virginity. He needs to start hanging with Arnett and hawk fake nerve gas stories. That's about the only gig he's going to get from now on.

K is correct but there is an even bigger reason for the suits to keep this thing out of court and it's called discovery. Can anyone say Burkett? How about that Latina lady from the rodeo I seem to recall hearing about? Not. Going. To. Happen.

Today we have had the chance to look at the matter better. CBS seems to be in a strong legal position. Rather's complaint seems to almost delusional in part.

Even so, the negatives for CBS executives will almost certainly lead to some payoff and sealed settlement. They don't want to be in court. The case may loom for years. The legal costs will mount. They know everyone involved will remember and interpret events slightly differently. And the story will be on TV news and Court TV at every step. Does CBS want that?

Rather's lawyers have spent almost no money to this point. But that changes when depositions, professional investigations, and discovery begin. If Dan is paying he will may now realize what he faces. If his lawyers are working on spec they want to settle out of court and will try to gauge exactly how much CBS will pay to end the matter.

CBS recourse with a counter suit? They may file one for show. But that has little allure and brings the same problems they already face.

If Don Imus can do it Dan can do it.

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