Appeal Arguments
In his appeal, Hermalyn contends that the district court should have acknowledged California’s significant policy interest and applied California law. He also suggests that the preliminary injunction should exclude California to respect the state’s policy.
Judge Kobick had found Hermalyn’s testimony about a call with former colleagues, where he allegedly tried to lure them to Fanatics with multimillion-dollar offers, “not credible.” The judge also doubted Hermalyn’s denial of taking sensitive company documents to Fanatics.
DraftKings accused Hermalyn of gathering sensitive materials and seeking employment with Fanatics after learning he was under investigation and facing a demotion. Hermalyn denies these claims, calling them “character assassination.”
DraftKings attorney Orin Snyder stated that Hermalyn’s filing does not adequately address Judge Kobick’s findings, which include misappropriation of trade secrets and violations of nondisclosure, nonsolicitation, and noncompetition agreements. Snyder emphasized the thoroughness of the judge’s decision and expressed confidence in presenting their arguments to the First Circuit.
