The NBPA has entered the legal dispute between agent Dan Fegan and his former employer, Independent Sports & Entertainment. NBPA General Counsel Gary Kohlman, in a declaration attached to Fegan's filings, reiterated an argument from Fegan's filings that only the union has the authority to determine whether or not Fegan operates as an NBPA-certified agent. The NBPA filing said, "If the Court were to not modify and continue the current injunction -- which by its terms restricts the ability of Mr. Fegan to represent NBA players, including rookies, in contract negotiations with NBA teams -- the NBPA would move to intervene to protect its exclusive bargaining authority under federal labor law.” Fegan for the past three weeks has been operating under a temporary restraining order issued by a California state judge that prevents him from competing in the sports business with ISE, but that TRO expires tomorrow. There was a hearing set in state court tomorrow on the issue of whether or not the court would issue a preliminary injunction, but now there is a question as to whether that hearing will now go forward. That is because Fegan filed a motion late last month seeking to move the case to federal court and dismiss it altogether. ISE has filed a motion to remand the case back to California state court where a preliminary injunction could be issued. Fegan in court papers argues that it is a federal matter involving labor law. ISE said federal law does not apply in this case, while also arguing that the dispute "does not concern" the CBA or regulations of the NBPA. U.S. District Judge André Birotte Jr. will decide whether the case goes forward in federal or state court, and that decision could be made today.
