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Michael Hermalyn of Fanatics responds to DraftKings litigation

The defendant has responded to DraftKings after the company filed litigation against Hermalyn. 

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Fanatics' Michael Hermalyn has contested DraftKings' legal accusations regarding his move from the latter to the former.

Now operating as the President, VP and Head of the LA Office for digital sports platform Fanatics – Hermalyn had previously worked as a senior executive for DraftKings. His response has deemed the accusation of litigation from DraftKings as an ‘unnecessary character assassination.’  

DraftKings initially outlines the fact that 180 former employees went on to apply for roles at Fanatics, with claims that Hermalyn solicited DraftKings staff to join Fanatics across 2023. Further allegations include the accusation that Hermalyn acted as a ‘double agent,’ for Fanatics – stealing data and secrets from DraftKings with evidence of him downloading documents on a non-DK device.  

Hermalyn strenuously denies the accusations, claiming that he never solicited employees to join Fanatics and – in fact – on one occasion encouraged an employee to stay with DraftKings. Further, Hermalyn details that DraftKings does not issue company phones and that he had simply used his personal phone to transfer documents and data related to the company.

With the injunction reiterating the fact, “DK’s very own Chief Information Security Officer, Brian Harris, conceded that he himself uses his personal phone to conduct work for DK.” 

The opposition to the preliminary injunction goes on to state, “DK attempts to make an example out of Hermalyn, transparently to instill fear in other DK employees looking to jump ship and halt lawful recruiting activity by Fanatics.” 

The Public Health Advocacy Institute recently filed a lawsuit against DraftKings in December, on behalf of the citizens of Massachusetts due to an ‘unfair and deceptive’ promotional campaign.

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