SBD/June 1, 2017/Labor and Agents

Arbitrator Denies ISE's Request For Preliminary Injunction In Dan Fegan Case

NBA agent Dan Fegan has won a round against former employer ISE, as an arbitrator has denied the agency's request for a preliminary injunction. This means Fegan is free to continue providing representation and counsel to current and future players. He also has no restrictions on establishing his own business regardless of whether it competes with ISE, the agent said. The arbitrator found that ISE "failed to make a sufficient showing of a likelihood that it will suffer irreparable injury without injunctive relief," according to a press release the agent issued this morning. ISE fired Fegan and convinced a state court to issue a temporary restraining order, preventing him from competing in the sports business in March. Fegan had the matter moved to federal court, but earlier this week a U.S. District Court judge ruled in favor of ISE and moved it back to state court. It is not clear what impact, if any, the arbitrator's ruling would have on ISE's intention to seek a preliminary injunction against the agent in state court. ISE issued a statement saying it will "vigorously enforce its rights against Dan Fegan in the upcoming arbitration proceeding." ISE: "The arbitrator already expressly rejected Mr. Fegan's argument that the non-compete agreement is unenforceable -- the third finder-of-fact to do so, and ruled that ISE can seek damages against Mr. Fegan for his wrongful conduct.” Fegan said the ruling allows him to focus on representing existing NBA player clients and future clients. "As I’ve said all along, ISE’s claims against me are outrageous and filled with false and malicious allegations. This ruling is the start of my proving just that in and out of court,” he said. 
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