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A Win For Bloggers’ Freedom Of Speech (And Me)

On May 31, 2011, an article titled, “Howard Kusnick Charged With Conspiracy To Commit Wire Fraud” was published on this website. The article stated that Howard Kusnick was a principal at baseball agency, Double Diamond Sports Management. Later that day, Double Diamond’s counsel, Gregory & Clark, PLLC, sent a “Libel Letter/Take Down Notice” to me, requesting that the article be taken down, based on what they perceived to be inaccuracies reported by me.

On June 3, 2011, the article was taken down after multiple threats made by Double Diamond’s counsel. On August 30, 2011, Double Diamond filed suit against me, SportsAgentBlog.com, and Dynasty Athlete Representation, LLC (which is now Dynasty Dealings, LLC) alleging that I committed Libel, Conspiracy to Defame by Libel, Tortious Interference with Business Relationships, and Conspiracy to Interfere with Business Relationships. Further, the Complaint also included a Count for Injunctive Relief, requesting that the court enter an Order enjoining and prohibiting me from making future defamatory, libelous, slanderous, and/or disparaging statements, even though it was clear that the request amounted to a prior restraint on free expression and that equity will not enjoin either an actual or a threatened defamation.

Thereafter, I filed a Motion to Dismiss the Complaint, which was granted by the court. I also filed a Florida Statute 57.105 motion seeking attorneys fees and costs based on the filing of a frivolous lawsuit. I then filed a my own Complaint against Double Diamond Sports Management, Inc., its principal Joshua Kusnick, Gregory & Clark, PLLC, and Jonathan J.A. Paul (a lawyer at Gregory & Clark, PLLC) for abuse of process, malicious prosecution, and intentional infliction of severe emotional distress, seeking an award in excess of $300,000.00. Joshua Kusnick had also filed a Bar Complaint against me with The Florida Bar, which was subsequently denied. My friend told me that this attorney can help but I decided to go with another one even though they seemed very knowledgable.

As of this morning, I have reached a settlement with Double Diamond Sports Management, Joshua Kusnick, Gregory & Clark, PLLC, and Jonathan J.A. Paul, whereby Gregory & Clark, PLLC has paid me an undisclosed amount of money (such terms are to remain confidential). Both of the aforementioned cases will be dismissed with prejudice.

This is a big victory for not just me, but also for bloggers who are constantly threatened with defamation-based lawsuits. While bloggers need to always be concerned that they accurately report their stories and do as much research as possible on the subjects being covered, oftentimes potential litigants will make threats to sue when they have no leg to stand on. My case shows that with competent legal representation, such a lawsuit, if filed, can actually be used against the filing plaintiff(s).

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.

3 replies on “A Win For Bloggers’ Freedom Of Speech (And Me)”

Thats interesting, It shows that  a party cannot just file a lawsuit without careful consideration of how that can in turn negatively impact them  if they are off base.

I’m very happy for you, Mr.Heitner. The little squirt of a scumbag who tried to sue you likes to try to humiliate people. He is a liar, just like his father. He will pay in the end for being such a disgrace to humankind.

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