It seems to stay in place once I get it positioned on my head, so it's not a total deal breaker, I just really expected the build quality to be better. I've also noticed that if the thin cable doesn't stay where it lies in between the notches on the headband, the split headband can start rubbing away the coating on the wire.
But again, thankfully the sound is quite good, so for the money I paid I'm going to keep them...my only issue with the sound is that the low end is a tad boomy. But the mids and highs are quite nice. They absolutely destroy the Phillips downtowns or whatever crap headphones I purchased based on Tyll's recommendation, but a clear notch or two below the 1350s, IMO.