Channel Nine 'furious' over decision by Today show's Neil Breen to hire top lawyer Mark O'Brien Today executive producer Neil Breen hired defamation lawyer Mark O'Brien to warn his old newspaper The Sunday Telegraph against publishing any damaging stories. The stakes have never been higher in Australia's cut-throat breakfast television market, however executives at Channel Nine are said to be "furious" over the decision by Today executive producer Neil Breen to personally hire high-profile defamation lawyer Mark O'Brien to warn Rupert Murdoch's The Sunday Telegraph against publishing what he believed could be a potentially damaging article last weekend. PS has learned that Breen retained the services of O'Brien last week after he learned the Murdoch-owned tabloid, which he edited for six years before moving to Nine, had requested ratings figures from the network's publicity department for the period from the arrival of Mark Calvert to oversee the show. Calvert was brought in to help Today reverse a ratings decline as well as calm on-set upheavals, which had bubbled into public view. His arrival coincided with reports of ill-feeling on the Today set between Breen and key members of the show's cast, in the wake of Lisa Wilkinson walking off the show in protest, causing a storm of bad press. Since Calvert's arrival ratings have improved, as has the mood on set, however Breen hired O'Brien to write to The Sunday Telegraph's management last Friday, warning them not to defame him in any coverage of the ratings figures. No article appeared and it is not clear if one was even being planned - sources at News Corp Australia described Breen's move as a "total overreaction." PS understands Breen's aggressive strategy has been widely discussed at his former Holt Street workplace. However Breen's decision to hire O'Brien and personally pay for his services has created a volatile situation at Channel Nine as chief David Gyngell prepares the television network for a float on the stockmarket. "To start picking fights with the Murdoch press at a particularly sensitive time is not what Gyngell wants or needs right now," a Nine insider, who wished to remain anonymous, told PS. Breen's wife, Elizabeth Meryment, remains the food writer on The Sunday Telegraph and is a long term friend of Gyngell's wife, Channel Nine personality Leila McKinnon. It is understood Nine news director Darren Wick was among those most underwhelmed by Breen's missive and confronted Breen about the move on Friday. "He had not consulted his superiors at Nine or sought their authority about hiring a lawyer and taking action for what is effectively a corporate issue, not a personal one," a Nine source said. A spokeswoman for Channel Nine said the network had "no comment" to make. When contacted, Breen said: "I've got nothing to say."