During a legal skirmish between sports merchandise powerhouse Fanatics and sportsbook giant DraftKings, Fanatics is now pushing back against DraftKings’ accusations regarding the hiring of a former top executive.
In a recent legal filing submitted to the U.S. District Court in Massachusetts, Fanatics asserts that DraftKings has distorted facts and engaged in character assassination against Michael Hermalyn, a former senior vice president of business development at DraftKings.
This legal tussle stems from Hermalyn’s decision in February to join Fanatics as the president of Fanatics VIP and head of the company’s Los Angeles operations, where he directly reports to CEO Michael Rubin.
DraftKings has initiated legal action against Hermalyn, alleging that he unlawfully accessed confidential company documents and attempted to lure other employees away from DraftKings.
Fanatics, in its legal response, contends that DraftKings is fostering a “culture of retribution” and is singling out Hermalyn to deter other DraftKings employees from considering similar career moves.
“The ongoing legal clash between these industry giants reflects the high stakes involved and underscores the competitive dynamics at play in the sports merchandise and sports betting sectors,” noted legal experts familiar with the case.
During a heated legal battle, Fanatics has responded to DraftKings’ accusations of corporate espionage. According to a recent filing, Fanatics claims that 186 DraftKings employees have sought employment with them since Fanatics announced its venture into the sportsbook era back in 2021.
While Fanatics may be a newcomer to the rapidly expanding sports gambling industry, it boasts formidable support from billionaire Rubin and a vast customer base accustomed to purchasing team merchandise online.
Whereas, DraftKings holds the second position in market share, trailing behind FanDuel, which Flutter owns. Together, these two giants command approximately 80% of the market share.
Competition in the sports betting arena is intense, with established brands like Caesars and BetMGM vying for consumer attention and dollars. To stay ahead, companies are investing heavily in technological advancements to enhance user experience, personalize marketing efforts, and streamline transactions.
However, customer loyalty in this industry can be fleeting, as sports gamblers frequently seek out the best promotions and odds, often maintaining multiple betting apps on their devices.
At the heart of DraftKings’ allegations is the claim that Hermalyn, a former employee, reached out to one of DraftKings’ most valuable customers before leaving his position. DraftKings asserts that Hermalyn misappropriated trade secrets, tampered with evidence, and misled investigators.
Orin Snyder, an attorney representing DraftKings, stated, “The evidence against Mr. Hermalyn is open-and-shut. He stole valuable trade secrets, destroyed evidence to cover his tracks, and then lied about it all.”
In a recently filed brief dated March 14, DraftKings has outlined what it characterizes as instances of corporate espionage.
Specifically, DraftKings asserts that Fanatics is actively seeking to appropriate its VIPs, valued employees, and business strategies, effectively attempting to replicate DraftKings’ business model.
In response to these accusations, Fanatics vehemently refutes the claims, alleging that DraftKings is deliberately distorting facts and engaging in a smear campaign against them.
“To be unequivocal, this is not a scenario where an employee was recruited solely to transfer clientele from one company to another: Fanatics already boasts a customer base of 100 million individuals in the U.S., with both DraftKings and Fanatics counting tens of thousands of VIP customers, many of whom undoubtedly overlap,” stated the company in its legal filing.
DraftKings had previously sought court intervention to prevent Hermalyn, an ex-employee, from joining Fanatics.
While the court rejected this request, it did issue a temporary restraining order barring Hermalyn from actively soliciting clients or employees from his former employer.
