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Sports Law

Excel Sports Management Sues Former Media Talent Agent Employees

Excel Sports Management has filed a lawsuit against media talent agents Gideon Cohen, William Petok, and Katherine Cutler. The case was initiated on August 20, 2024, and is pending in New York state court.

The Complaint alleges that Cohen, Petok, and Cutler, who were employed by Excel, breached their employment contracts when they left Excel to join competitor Athletes First and called Excel’s clients intending to solicit them on behalf of their new employer. At the time of filing, two clients (Lisa Byington and Kevin Kugler) had allegedly already terminated their relationships with Excel and Excel was under the impression that at least four other clients had been solicited by the defendants to make a change of representation.

In the Complaint, it is revealed that Cohen, who built Excel’s Media Talent Division, was paid a base salary and discretionary bonus of at least $100,000 annually. His employment agreement included certain restrictive covenants as shown below.

Petok and Cutler separately agreed to the following:

If this litigation progresses, the main question is whether Cohen, Petok, and Cutler solicited, encouraged, or induced any client or prospective client to end their relationship with Excel or not sign with Excel. Alternatively, it could be argued that there was no solicitation or encouragement and that the clients departed on their own volition. Separately, there will likely be a legal dispute surrounding the enforceability of such a restrictive covenant and whether it is supported by a legitimate business interest. Excel claims that the restrictive covenants were “crafted narrowly to protect Excel from the specific harms it believed the Former Employees could inflict on its legitimate business interests by virtue of their positions at the company.”

Additionally, the Complaint notes that Cohen’s employment agreement expired in April 2024. It also states that all the defendants were at-will employees. However, the restrictive covenants were intended to survive the expiration of the employment agreements, and that solicitation occurred within the timeframe that the prohibition remained in place.

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.