• Loading stock data...
Sunday, February 23, 2025
Law

DraftKings, Former Exec Talk Settlement in Marathon Legal Battle

  • Lawyers for Michael Hermalyn, DK say they are “negotiating a potential resolution” of the case.
  • DraftKings secured an injunction that limits Hermalyn’s duties at Fanatics Sportsbook.
Feb 9, 2023; Phoenix, AZ, USA; A DraftKings countdown clock on radio row at the Super Bowl LVII media center at the Phoenix Convention Center.
Kirby Lee-Imagn Images

The long-running legal battle between DraftKings and a former executive could be nearing an armistice. 

Attorneys for Michael Hermalyn and DraftKings noted in a Tuesday court filing that the two sides “are negotiating a potential resolution” of a federal lawsuit that began days after Hermalyn left for Fanatics Sportsbook in February.

DraftKings sought and won an injunction that hamstrung Hermalyn’s day-to-day duties at Fanatics earlier this year, though Hermalyn is expecting his first victory in the bicoastal legal battle over the enforcement of his non-compete agreement as part of a separate case in California.  

U.S. District Court Judge Julia Kobick granted a request Tuesday from Hermalyn and DraftKings to stay proceedings in the federal case until Nov. 20, a day after a scheduled one-day trial in Los Angeles as Hermalyn seeks to get his one-year non-compete invalidated sooner than its Feb. 1, 2025, expiration date. L.A. County Superior Court Judge Tony L. Richardson noted in a court filing in the case that Hermalyn was “likely to prevail on the merits.”

DraftKings and a spokesperson for Hermalyn declined comment when reached about the potential settlement. 

Hermalyn moved from New Jersey to Southern California right before his Feb. 1 resignation from DraftKings as he sought to take advantage of the state’s strong laws against non-competes, even those entered into in other states. A victory for Hermalyn at the short trial next month wouldn’t trump Kobick’s injunction, but Hermalyn’s lawyers could use it in an attempt to cut a few months off Hermalyn’s current job restrictions that prevents him from associating with any current or former DraftKings customers. 

A settlement would also halt the hundreds of thousands of dollars in legal fees already paid in the case. Two weeks after Hermalyn’s resignation, one of his attorneys noted in a court filing that Hermalyn had racked up nearly $276,000 in legal fees—and the meter continued to run for both Hermalyn and DraftKings over the next eight months. 

DraftKings alleged in its lawsuit that Hermalyn hatched “a secret plan” to steal the betting giant’s “customer and business relationships” and use the “confidential information” to aid Fanatics Sportsbook, which seeks to establish itself as a major player in the legalized sports betting marketplace. 

As the legal battle kicked up days before the last Super Bowl, Hermalyn said he was “shocked and disappointed” that DraftKings would make “completely false and fabricated accusations” in DraftKings’ bid to keep him from working at Fanatics Sportsbook in any capacity.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NFL, MLB, NCAA, NASCAR Back Drone Crackdown Bill

The NFL said there were nearly 3,000 drone incidents in 2023.
Jan 17, 2025; San Antonio, Texas, USA; San Antonio Spurs center Victor Wembanyama (1) dribbles past Memphis Grizzlies forward Santi Aldama (7) in the second half at Frost Bank Center.

Fanatics Pays Out and Refunds Wembanyama Bets After Injury Ends Season

Fanatics applied its Fair Play rule to bets related to Wembanyama winning awards.
Sen. Brandon Creighton, R-Conroe, debates SB 2, the school voucher bill, at the Capitol Wednesday February 5, 2025.

Texas State Lawmakers Introduce Bills to Limit International Athlete Scholarships

Only 25% of athletic financial assistance would be available to non-U.S. citizens.

Featured Today

Dec 31, 2024; Durham, North Carolina, USA; Virginia Tech Hokies forward Tobi Lawal (1) and Duke Blue Devils center Khaman Maluach (9) battle for the opening tip during the first half at Cameron Indoor Stadium.

House v. NCAA Settlement Creates Potential Crisis for International Athletes

Revenue-sharing payments could violate international student visa laws.
Nov 2, 2024; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins goaltender Alex Nedeljkovic (39) stretches during a time-out against the Pittsburgh Penguins in the second period at PPG Paints Arena
February 21, 2025

Behind the Mask: The Artists Creating Hockey’s Iconic Goalie Style

The art and business of outfitting pro netminders.
Feb 15, 2025; Montreal, Quebec, CAN; [Imagn Images direct customers only] Team United States forward Matthew Tkachuk (19) and Team Canada forward brandon Hagel (38) fight in the first period during a 4 Nations Face-Off ice hockey game at the Bell Centre.
February 16, 2025

Inside the Push for the NHL’s Next Era of International Competition

Players have been clamoring, and the league is all in.
Aug 11, 2024; Paris, France; Medals are carried out on Louis Vuitton trays after the women's volleyball gold medal match during the Paris 2024 Olympic Summer Games at South Paris Arena
February 16, 2025

LVMH’s New Push: World’s Most Powerful Luxury Group Is Coming for Sports

LVMH is making long-term deals—and they’re not done.

DOJ Files More Charges for Burglaries of Mahomes, Other Athletes

The men are linked to break-ins of Mahomes, Kelce, Burrow, and others.
Isaiah Wright, a running back featured on the Netflix series "Last Chance U, is playing football for the Alcoa Alloys, a semipro team with the Interactive American Football League on Saturday, April 6, 2019.
February 11, 2025

‘Last Chance U’ Participants File $30M Lawsuit Against Netflix, Others

Producers of “Last Chance U” allegedly took “unfair advantage” of players.
Oct 13, 2024; London, United Kingdom; A general view as Jacksonville Jaguars quarterback Trevor Lawrence (16) prepares to take the snap against the Chicago Bears on the NFL shield logo during an NFL International Series game at Tottenham Hotspur Stadium.
February 12, 2025

Fans Sue NFL for Not Letting Teams Use Bluesky

The suit alleges the NFL is unlawfully loyal to X/Twitter.
Sponsored

How UBS Crafts Impactful Partnerships Across Sports, Arts, and Culture

As UBS continues to expand its impressive array of sports and entertainment partnerships, the company solidifies its position as a leader in wealth management.
February 9, 2025

What the NFL and Fox Risked With Kendrick Lamar Performing ‘Not Like..

Lamar didn’t use the word “pedophile,” but he still made allegations.
February 6, 2025

Ippei Mizuhara Sentenced to 57 Months in Prison for Stealing Millions From..

Mizuhara had asked for a lighter sentence of 18 months.
A Fox Sports camera records on the sideline prior to the NCAA football game between the Ohio State Buckeyes and the Nebraska Cornhuskers at Ohio Stadium in Columbus on Saturday, Oct. 26, 2024.
February 6, 2025

Fox Seeks Dismissal of Sex Abuse Lawsuit, While Bayless, Taylor Deny Wrongdoing

Skip Bayless and Joy Taylor deny the allegations made against them.
The NCAA logo on the field in the closing second of the Anderson University inaugural football game with St. Andrew's University on Spero Financial Field at Melvin and Dollie Younts Stadium at Anderson University in Anderson, S.C. Saturday, September 7, 2024. Anderson won 51-14.
February 5, 2025

Three Penn Swimmers Sue Ivy League, NCAA Over Trans Participation Policy

The lawsuit’s plaintiffs are requesting class-action status.