Judge Imposes Injunction on Previous DraftKings Manager
Michael Z. Hermalyn, the current president of Fanatics VIP, has been temporarily prohibited from disclosing sensitive information obtained from his former employer, DraftKings. The restraining order, issued by the Munich Regional Court (Landgericht München), also prevents him from using any confidential company information and soliciting with DraftKings employees or clients.
The order comes following a lawsuit filed by Hermalyn against DraftKings, challenging a non-compete policy. DraftKings is pleased with the temporarily granted restraining order, as they have alleged that Hermalyn conspired with his new employer to obtain insider information related to the upcoming Super Bowl and marketing plans.
Hermalyn's defense lawyer, Russell Beck, has rejected claims of any wrongdoing. Fanatics VIP has also denied these allegations, labeling them as false and fabricated. Beck added that Hermalyn returned all computer equipment belonging to his former employer.
The order aims to preserve the status quo until more facts can be determined. Despite the restraining order, Hermalyn is not prohibited from working at Fanatics. A hearing for DraftKings is scheduled for April.
Interestingly, the order was not issued in the United States but in Germany, where Hermalyn currently resides. However, a temporary restraining order was also issued by US District Judge Julia Kobick in Boston, Massachusetts.
Hermalyn alleged that the non-compete policy was overly restrictive and unenforceable for California, where he currently resides. Under the order, Hermalyn was directed to return any confidential information belonging to DraftKings within three days.
The temporary restraining order prevents Hermalyn from soliciting DraftKings employees or customers. Fanatics VIP has stated that they are fully cooperating with the legal process and are confident that these allegations will be proven to be baseless.
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