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Sports Law

Lawsuit Against Dan Fegan Kicked Back To State Court

Relativity Sports has been rebranded as Independent Sports and Entertainment and has launched. Photo via iseworldwide.com

The federal judge assigned to the lawsuit that Independent Sports & Entertainment (ISE) brought against basketball agent Dan Fegan has denied Fegan’s motion to dismiss and remanded the case back to state court.

In the lawsuit, ISE alleges that Fegan breached a non-compete agreement and asked the court to enjoin Fegan from continuing to practice while in breach of same. The main allegation made by ISE was that Fegan had been running a side business in violation of the noncompetition clause. Fegan was terminated by ISE for cause on March 10, 2017.

ISE originally filed the action against Fegan in state court and Fegan removed it to federal court on March 28.

“Dan Fegan’s motion to dismiss was denied, and, as ISE had requested, the matter is now being remanded back to state court,” said ISE’s legal counsel James Fogelman. “We are grateful to the federal court for its careful consideration of these important issues. ISE will continue to pursue its claims until justice has been served.”

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.