In its counterclaim, Priority Sports alleges that Plaintiff breached his employment contract by, inter alia, (1) working for CAA prior to his resignation; (2) soliciting players on CAA's behalf prior to his resignation; (3) misappropriating Priority Sports' trade secret and confidential information and sharing it with CAA before and after his resignation; (4) failing to provide fourteen days' written notice; and (5) failing to return company property, i.e. The baseball mega-agent sets a record with commissions of up to $191 million, leading a group of 15 managing over $20 billion in active playing contracts. 13). First, under California law, an employee does not breach his duty of loyalty merely by preparing to compete with his employer. 561) 1618). Priority is now one of the premier NBA and NFL athlete representation agencies, and Bartelstein has negotiated nearly $1 billion in active NBA contracts as of Forbes' 2022 agent ranking, including major deals for Bradley Beal, Tim Hardaway Jr. and Gordon Hayward. Adrian M. Pruetz, Paul Benedict Salvaty, Christopher Dacus, G. Jill Basinger, Lauren M. Gibbs, Glaser Weil Fink Jacobs Howard Avchen and Shapiro LLP, Los Angeles, CA, for Mark Bartelstein and Associates Inc. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. In short, the only causes of action that remain to be tried are Plaintiff's claims for defamation, interference with prospective economic relations, and violation of the UCL. Mark Bartelstein and Associates, Inc. was registered on Jan 13 2015 as a foreign profit corporation type with the address 325 N. LaSalle Drive, Suite 650, Chicago, IL, 60654, USA. A). biz, which he used for business matters. Our football division has negotiated some of the largest contracts in the history of team sports. If all three of these elements are established, the plaintiff's privacy interest must be balanced against any countervailing interests of the defendant. The Court has already determined, however, that the evidence presented does not create any triable issue that Counterdefendants are liable for any unlawful act. at 2324). Search and display advertising arent the only parts of the marketing landscape that have changed over the past three years. (UF 57). The competitor then sent those screenshots to hundreds of the plaintiff's actual or prospective customers in an email titled SuccessFactors Failures and Problems. Id. Section 502 sets no threshold level of damage or loss that must be reached to impart standing to bring suit. This argument is frivolous. Gordon Hayward will become a free agent after declining his $34.2 million player option with the Celtics for the 2020-21 season, Hayward's agent Mark Bartelstein told ESPN's Adrian Wojnarowski. With the tailwinds that drove the slot machine operators better-than-expected Q4 results persisting, a bet on its stock could pay off handsomely. The company id for this entity is 15011237. See El Dorado Sav. Perform or engage in activities or in the provision of services, in any capacity, on behalf of or for a Company Competitor; 5. (Counterclaim 77). Priority Sports alleges that Plaintiff admitted that he communicated with at least two recruits while at Priority Sports, Mike Scott and Terrence Ross, did not provide updated information to Priority Sports, and instead signed their deals at CAA. (Opp. Priority Sport's Fourth Counterclaim is for misappropriation of trade secrets in violation of California's Uniform Trade Secrets Act (CUTSA), Cal. Carefulexamination of these cases, however, reveals that the instant litigation costs do not fall under this precept. It is undisputed, however, that the legal fees in question were paid not by Plaintiff, but by CAA, which is not a victim of this offense. 502(e)(1). Apart from this, Priority Sports provides no evidence that either Plaintiff or CAA has engaged in any other independently wrongful conduct. Freer spearheaded the acquisition of local broadcast sports rights including MLB, NBA, and NHL teams. [8] He first gained acclaim after negotiating the contract for NBA star John "Hot Rod" Williams,[2] because it made him the highest paid player in the history of team sports at the time. NBA Agent Client Lists - RealGM. Finally, the employment contract provides that: Upon and after the termination of Employee's employment, regardless of the reason therefor, the Employee shall not copy, duplicate, and/or remove documents containing Confidential Business Information from Company offices, and the Employee will promptly return to the Company any such documents the Employee possesses. The Court therefore turns to whether Plaintiff has suffered a substantial invasion of his privacy. (Horn Supp. [5], Priority Sports & Entertainment, fueled by its heavily sought-after client Gordon Hayward, was the big winner in 2017's NBA free agency, leading all agencies in the total dollars negotiated so far.[when?] July 16, 2012) (internal quotation marks omitted). It is undisputed that Ames viewed a copy of Plaintiff's employment agreement with CAA. Joshua Bartelstein Phone number. Accordingly, the Court concludes as a matter of law that the litigation costs in this case do not count as a loss under the CFAA. In both Kimberlite and Multiven, the expenses were oriented toward investigating the extent of the harm and repairing the harm. Likewise, a scintilla of evidence or evidence that is merely colorable or not significantly probative does not present a genuine issue of material fact. Specifically, Defendants do not dispute that at the direction of Priority Sport's senior counsel, a Priority Sports employee accessed Plaintiff's Gmail account without permission, and viewed the contents of several emails, including Plaintiff's employment agreement with CAA. They were a massive disappointment, yes, but also so transcendent for brief moments. 2023 Forbes Media LLC. His agent, Mark Bartelstein . 16, Ex. Contact Us ABC13 News Team Careers Enter to Win About ABC13 Houston Submit A News Tip ABC13 Shop. The three-day event takes place March 3-5, 2023 in New York City. As an initial matter, the Court recognizes that this case is similar to SuccessFactors insofar as the offender here also accessed protected information, namely the employment contract with CAA. Mark Bartelstein is a resident of IL. Our basketball division has negotiated some of the largest contracts in the history of team sports. In pursuing a CFAA claim, the plaintiff corporation submitted evidence that its staff spent over 100 hours investigating the matter and taking steps to repair the Kimberlite email system following the intrusions, and that the cost of securing the Kimberlite email system and conducting [an] investigation has exceeded $5,000. Id. The posh The Mark Hotel in New York now offers the science-backed beauty treatments of Germany's famed Dr. Barbara Sturm. Defendants' Motion for Partial Summary Judgment on its breach of contract and breach of duty of loyalty claims is DENIED as moot. Fed.R.Civ.P. Accordingly, the Court GRANTS Plaintiff summary judgment on the breach of contract counterclaim. All Rights Reserved. The statute proscribes any business act or practice forbidden by another law. at 9). Accordingly, the Court GRANTS Plaintiff summary judgment on the invasion of privacy claim. This section overlaps with Defendants' CrossMotion for Partial Summary Judgment on its claims for breach of contract and breach of the duty of loyalty. the Gmail account) without Plaintiff's permission. The Charlotte Hornets are converting two-way guard Bryce McGowens on a four-year, $7.4 million deal, his agents Mark Bartelstein and Kyle McAlarney of @PrioritySports tell ESPN. Numerous courts have held that a plaintiff's personal information does not constitute money or property under the UCL. In re iPhone Application Litig., No. This year Priority represented No. Opp. Moreover, Priority Sports fails to identify any evidence creating any triable issue that Counterdefendants' behavior was unfair or fraudulent within the meaning of the UCL. Reply WhosThis85 . CAA now manages contracts that could be worth nearly $1 billion in commissions, leading a group of juggernaut agencies that are pulling away from their smaller rivals. (DUF 712). Ct., 42 Cal.4th 319, 64 Cal.Rptr.3d 693, 165 P.3d 488, 499 (2007). (DUF 23); (Mintz Decl. Id. (DUF 11). He talked to their teams, getting their permission for players to leave, and. However, Plaintiff has misconstrued Defendants' position. (40-17) at. ). Lookup the home address and phone 3098680309 and other contact details for this person It must be activated by the commission of an actual tort. 2548. I am an orthopaedic surgeon who specializes in treating primary bone cancer, soft tissue sarcomas, and metastatic cancer that has spread to the bone. This argument fails for two reasons. conversion. The sole support for this assertion is Bartelstein's declaration, in which he claims that because of the lack of notice, he was unable to contact a client until five days after Plaintiff's resignation. finding declaratory judgment claim was moot because defendants had not attempted, in the litigation or any other litigation, to enforce the non-compete clause. Provide, or assist in providing, either directly or through a Company Competitor, services that are, or are similar to the services, provided by the Company to a Company Client. (Ketroser Decl. 15). See Adickes v. S.H. Civ.Code 3426.1. Decl. Transp. When he began working for Priority Sports, Plaintiff signed an employment contract. Getting to the top of your profession is extremely difficult; staying there is even tougher. 7). Sept. 20, 2011). Priority Sports is a Chicago-based sports agency that represents professional athletes. A civil conspiracy, however atrocious, does not give rise to a cause of action unless a civil wrong has been committed resulting in damage. Applied Equipment Corp. v. Litton Saudi Arabia Ltd., 7 Cal.4th 503, 28 Cal.Rptr.2d 475, 869 P.2d 454, 457 (1994) (internal quotation marks omitted). Principal Life Ins. Priority Sports & Entertainment is a full-service sports management firm, representing NFL and NBA athletes and coaches, based in Chicago, Illinois and Sherman Oaks, California. No one prepares their clients better for the NFL Draft, or takes better care of them once the draft has come and gone. Toronto Raptors point guard Kyle Lowry will be a free agent after the 2019-20 season, and he'll have a new agency representing him during that process. (Counterclaim 34). Because Priority Sports failed to carry its burden under Rule 56(e), the Court GRANTS Counterdefendants summary judgment as to the UCL claim. Counterdefendants' Motion for Summary Judgment as to Defendants' counterclaims is GRANTED as to every claim. Los Angeles . Co. v. Robinson, 394 F.3d 665, 669 (9th Cir.2005). Conversion has three elements under California Law: (1) ownership or right to possession of property; (2) wrongful disposition of the property right; and (3) damages. II(B)). The court focused on the language that a plaintiff must show loss to 1 or more persons during any 1year period aggregating at least $5,000 in value. Id. of San Francisco, 441 F.3d 1090, 1100 (9th Cir.2006). According to Michael Scotto of The Athletic,. (Compl. Priority Sports has since conceded, however, that Plaintiff has returned the laptop and the boxes of documents. 22 pick Bobby Portis, No. Priority Sports argues that Plaintiff concedes to using Priority Sports' client lists to contact unidentified players via Skype on behalf of CAA. United States, Illinois, Chicago. Monthly rental prices for a two-bedroom unit in the zip code 60654 . A justifiable inference is not necessarily the most likely inference or the most persuasive inference. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. Mark Bartelstein is a agent, and works at Priority Sports & Entertainment. Confirm that your trade proposal is valid according to the NBA collective bargaining agreement. It further alleges that Plaintiff made false statements disparaging the quality of Priority Sports' property, goods, and/or services, which has damaged Priority Sports. The elements of a claim for intentional interference with prospective economic advantage mirror those for intentional interference with an at-will employment contract, including the requirement that the plaintiff establish that the defendant engaged in an independently wrongful act, that is, if it is proscribed by some constitutional, statutory, regulatory, common law, or other determinable legal standard. Korea Supply Co. v. Lockheed Martin Corp., 29 Cal.4th 1134, 131 Cal.Rptr.2d 29, 63 P.3d 937, 95354 (2003). V(A)). Thus, by that time, it was pellucid that Priority Sports was responsible for the offense, and that it had accessed Plaintiff's employment contract with CAA. Necessarily the most likely inference or the most likely inference or the most persuasive inference justifiable inference not. 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