NEW YORK — Attorneys representing Nielsen and Cumulus Media will be heading back to the Thurgood Marshall U.S. Courthouse in lower Manhattan, as the federal Second Circuit appeals court on Thursday granted an administrative stay of a district court’s order issued the day before — an act that amends the terms of a preliminary injunction the Second Circuit already affirmed.
It’s a win for Nielsen’s legal counsel at Gibson Dunn & Crutcher in its ongoing dispute with the bankrupt radio station ownership group that’s poised to see some 30% equity interest fall into the hands of the man who leads notorious newspaper owner Alden Global Capital, Heath Freeman.
And, it puts Cumulus back in a quandry as it is being ordered by the court to reach a deal with Nielsen on a Nationwide ratings agreement based on terms put in motion by the judge. Furthermore, not doing so would result in noncompliance penalties. What those terms are is under seal and known only to the parties in litigation.
That’s a significant shift from August 25, when the Second Circuit vacated a stay that had clouded Cumulus Media’s antitrust injunction against Nielsen and put the order back in force. That affirmed a December 30, 2025 order from federal District Judge Jeannette A. Vargas granting Cumulus a preliminary injunction against Nielsen’s Network Policy. It simultaneously vacated a February 3, 2026, order that had frozen that injunction while Nielsen’s appeal played out.
Now, Nielsen has appealed the September 9 order, on the grounds that new obligations not included in the December 30, 2025 order were brought to life improperly.
