LOS ANGELES Hollywood Reporter - Memo to Conan OBrien: Watch your mouth at the Emmys.
If OBrien wins Sunday night in the variety, music or comedy series category for his aborted "The Tonight Show" -- a distinct possibility given the strong Hollywood and populist sentiment behind him in his public separation from NBC -- the host is legally prohibited from saying whatever he wants about his former bosses during an acceptance speech.
Thats because OBriens settlement deal with the network contains strict rules against making "disparaging" comments about NBC or NBC Studios, Jay Leno and NBC executives Jeff Zucker, Dick Ebersol, Jeff Gaspin and Marc Graboff.
Those limitations end September 1, but the Emmys, which air on NBC, take place three days before that deadline. The event marks one of the first times OBrien and his former bosses will be together in the same room. A win for "The Tonight Show With Conan OBrien" would present a rare moment of high drama at the Emmys.
So what can OBrien say? More than one might think.
The Hollywood Reporter has learned that OBriens settlement deal describes disparaging comments as "those that are false and would be viewed by a reasonable person to be insulting or defamatory."
The key word is "false." OBrien can poke fun at his former bosses or even take a shot at Leno as long as his remarks are not both inaccurate and scornful.
"He can still have a field day," said attorney Pierce ODonnell, who has handled employment settlements in Hollywood cases but was not involved in the OBrien deal. "He can make fun of NBCs ratings, its shows, as long as hes not saying anything false."
OBrien left NBC in January after a wild turn of events that saw the network announcing that his "Tonight" would be bumped from 11:35 p.m. to 12:05 a.m. to make room for Leno, OBrien publicly refusing to comply, and NBC and OBriens reps working out a $45 million deal for OBrien and staff to leave -- all while the host continued to slam NBC on his show each night.
The "non-disparagement" clause in the deal was heavily negotiated and also prohibits NBC from making false and insulting remarks about OBrien until September 1.
Since the separation, OBrien and NBC have been careful to honor terms of the settlement. OBrien was prevented from making any media appearances until May 1, so he sat down with CBS "60 Minutes" for an interview that aired May 2. He is prevented from hosting another TV program until September 1, so he took his act on the road for a 30-city live tour.
ODonnell said the specific end date and the "false" requirement are somewhat unusual for high-profile settlements and probably reflect the leverage OBrien had in negotiations. Because OBriens settlement allows him to host another show after September 1, his reps likely wanted to make sure he could say what he wanted on a new show. OBriens still-untitled TBS late-night show is set to bow in November.
Regardless, sources in the OBrien camp said he has no plans to say anything negative about NBC or anyone else on Sunday. NBC declined to comment.
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