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Closing Bell

ISE Disputes Fegan's Claim He Can Compete With Former Employer

ISE today disputed the claim of NBA agent Dan Fegan that he is now able to compete with his former employer and warning anyone who interferes with the agency's contractual rights. Fegan earlier today announced an arbitrator rejected ISE's attempt to get a preliminary injunction. Fegan also said he was free to continue providing representation and counsel to current and future NBA players without any restrictions. However, an ISE spokesperson disputed that contention. "Dan Fegan's suggestion that he is now 'free to compete' with ISE is nonsense, as is his suggestion that he 'won' anything on the merits," the spokesperson said.

The spokesperson: "The arbitrator expressly said that he had ‘serious questions’ about Mr. Fegan’s conduct and held that ISE's non-compete agreement is fully enforceable and that ISE can recover damages for any breach of that agreement by Mr. Fegan. Regardless of any injunction, any action Mr. Fegan takes in breach of ISE's agreement he takes at his own risk and at the risk of anyone who interferes with ISE's contractual rights. Mr. Fegan's bluster and smear tactics will not change these simple facts, and ISE will vigorously enforce its rights against Mr. Fegan in the upcoming arbitration proceeding and will seek all damages caused by Mr. Fegan's outrageous behavior toward ISE and the agents that were under his supervision."

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