A former DraftKings executive director whom the keep company has accused of collective espionage after he jumped ship to Fanatics wants his ex-employer to tree stump upward some of his legal fees.

DraftKings sued its former head of VIP, Michael Hermalyn, inward betimes February, claiming he plotted for o'er a year to relocation to competitor Fanatics. It also claims he “stole” secret entropy related to DraftKings Super Bowl business concern architectural plan inwards the Pb upwards to the biggest betting event inwards the U.S.

Hermalyn strongly denies these accusations, describing them as “false and fabricated.” He preempted DraftKings’ litigation past suing the sports betting hulk inward a CA body politic court, seeking to experience the non-compete understanding he signed invalidated. California’s Business & Professions Code prohibits an employer from enforcing a noncompete agreement, no matter of whether the contract was signed outdoors of California.

DraftKings claims that Hermalyn “fraudulently attempted to found Golden State residency,” so he could attain this. The society applied to get the typesetter's case removed so it could Indian file its have federal case inwards its indigen Massachusetts.

Hermalyn counters that he licitly established abidance inwards CA after he was offered the Fanatics job because that’s where his new employer was based.

‘Improper and Harassing’

Now, in a filing to the US District Margaret Court for the Central District of California, lawyers for Hermalyn and Fanatics take that DraftKings’ attempts to electrical switch courts were “improper … unreasonable” and “lacking any fundament in natural law or fact.”

They say they feature spent $310K inwards legal feesfighting the removals, which they describe as “frivolous” and “harassing” and want the court of justice to subsidization them effectual fees.

DraftKings’ removals have got achieved exactly what they were intentional to come — hamstring tendon Mr. Hermalyn spell DraftKings raced to single file its own lawsuit, and obtain its own temporary injunction, inward another forum,” the filing states.

“DraftKings’ judicial proceeding tactics required plaitiff’s counsel to spend virtually an intact calendar week attempting to have their case remanded twice on an exigency foundation to the rightful body politic forum, where to each one clip Mr. Hermalyn was nigh to seek ex parte relief,” it adds.

TRO Granted

DraftKings was granted a temporary restraining say (TRO) against Hermalyn in Massachusetts. This prevented him from contacting DraftKing’s customers and sharing the company’s secret selective information with Fanatics. But it did not prevent him from starting his unexampled job.

In a declaration to the courtyard earliest this month, Hermalyn said that he did not hold an offer up to conjoin Fanatics until January 27, 2024, and denies in secret discussing work with Fanatics CEO Michael Rubin from Feb 2023, as DraftKings claims.

He described the allegement that he falsely claimed to be mourning the last of a friend so he could use up time sour to fly front to L.A. for contract negotiations as “horrid.”

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