Sirius vs. Stern: The Battle Continues

NEW YORK (TheStreet) -- Howard Stern's battle with Sirius XM (SIRI) has been relatively quiet in recent months.

But on June 28, the brazen radio personality filed several affidavits, dissolving any notions that the suit would quietly disappear.

Howard Stern

According to Deadline.com, Stern's longtime agent Don Buchwald contacted Sirius in early 2010 regarding the compensation. "Sirius' lawyer claimed that the subscribers on the XM platform did not count toward the total number of Sirius subscribers and pointed out that we had already received the 'merger bonus,' " Buchwald wrote.

"Our Agreement is clear -- the stock awards based upon the total number of subscribers that the company has at the end of any given year," Stern wrote in the affidavit, according to Deadline.com. "When we were negotiating the agreement, Don raised with Sirius the possibility that Sirius and XM might combine. Sirius never said that, if that happened, it would not count the new subscribers for purposes of the stock awards. ... I do not understand how the company can brag that it has more than 20 million subscribers, and then turn around and tell me that only half of them count. All of these subscribers are subscribers of Sirius. Sirius has pointed to them as a measure of the company's success, and the whole purpose of the performance-based stock awards was to allow me to share in that success."

Stern previously filed a suit in March against Sirius, alleging that the satellite radio company failed to pay him $75 million in contracted bonuses when it merged with XM. Sirius countered with a filing seeking summary judgment.

In recent weeks, Stern has voiced his displeasure with Sirius, saying on the air that he doesn't feel comfortable at the company.

"It didn't feel like my pictures belonged [in my office] anymore. ... I actually started thinking, 'I don't know if my stuff is safe here,' " Stern said. "It's an emotional feeling. ... All of a sudden it didn't feel like this was home."

Stern signed a five-year contract extension with Sirius just three months before he filed suit against the company.

What do you think, should Sirius XM pay Howard Stern his bonus?

Should Sirius XM pay Howard Stern his performance-based bonus?
	Yes -- Howard Stern is a big part of Sirius XM's success. No -- Sirius XM shouldn't give Stern the money.

-Reported by Jeanine Poggi in New York.

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