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Sports Law

Former Excel Sports Employee Is Temporarily Kept Away From Klutch Sports

Excel Sports Klutch Sports

In March, Excel Sports Management initiated a lawsuit against its former employee Eric Eways and Rich Paul’s Klutch Sports Group based on allegations that Klutch Sports tortiously interfered with Eways’ employment agreement with Excel Sports and that Eways breached his employment contract. Excel Sports also expressed an interest in enjoining Klutch Sports from employing or otherwise engaging Eways while Eways’ non-compete was to be in effect.

At first, Excel’s attempt at a temporary restraining order and preliminary injunction to prevent Eways from working with Klutch Sports was rejected. Excel then initiated an appeal and, on this date, the appellate court ruled in Excel Sports’ favor.

The newly issued order prohibits Eways from working for Klutch Sports and Klutch Sports Group from employing Eways pending a hearing and determination of the appeal or October 15, whichever occurs first. The October 15 date was determined based on it being eight months from the date of Eways’ February 15 resignation from Excel Sports and the eight months non-compete language found in his prior Excel Sports employment agreement.

This decision is crucial, as it appears to rebuke the trial court’s prior decision that the temporary restraining order and preliminary injunction were improper based on numerous grounds, including that tailoring the restrictive covenant to a finite list of competitors (such as Klutch Sports) reflected a punitive approach that could be used to invalidate the agreement.

Eways was hired by Klutch Sports to serve as its Head of Marketing. He will have to wait on serving in such a capacity for the time being.

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.