These claims fail as a matter of law because there was no interception in this case. Section 502 sets no threshold level of damage or loss that must be reached to impart standing to bring suit. Case Nos. Since founding Priority Sports, Bartelstein has been rated as one of the most influential sports agents by Street & Smith's Sports Business Journal. Conduct alleged to be an invasion of privacy is to be evaluated based on the extent to which it furthers legitimate and important competing interests. Id., 26 Cal.Rptr.2d 834, 865 P.2d at 656. However, the instant case is readily distinguishable because the litigation costs in question were not essential to remedying the harm of the unauthorized access. Third, Defendants contend that because Plaintiff disclosed to CAA the terms of his employment agreement with Priority Sports, he must not, as a general matter, treat any of his employment agreements as confidential. A II(A)). SACV 12572 JVS (Ex), 2012 WL 2951924, at *2 (C.D.Cal. 2023 Forbes Media LLC. In any event, the Court finds that Priority Sports has had ample opportunity to pursue discovery on the issue of damages. Our clients have secured some of the best contracts in the international basketball world. See El Dorado Sav. First, under California law, an employee does not breach his duty of loyalty merely by preparing to compete with his employer. Los Angeles . (Horn Supp. Accordingly, the Court GRANTS CAA summary judgment as to the interference with contractual relations counterclaim. Defendants cite no specific evidence that Manos had always had access to the Gmail account. NBA Agent Client Lists - RealGM. Bartelstein and Priority agents Reggie Brown, Joel Cornette, Zach Kurtin, Kieran Piller and Andy Shiffman represent the players. ( Id.). To state the obvious, section 2701 proscribes unauthorized access to data in storage, whereas section 2511 prohibits unauthorized access to data in transmission. It defies common sense to believe that Plaintiff's subsequent legal efforts to confirm Priority Sports' involvement were essential to remedying the harm of the unauthorized access. Defendants' Motion for Partial Summary Judgment on its breach of contract and breach of duty of loyalty claims is DENIED as moot. 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. ANN ARBOR, Mich. At first glance, the Michigan men's basketball roster calls to mind an N.B.A. (40-17) at. [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. California. We provide email, phone, address, along with clients info for thousands of entertainment professionals. Uncontroverted Facts (DUF) 6). Mark Bartelstein Age 61 - Lives in Highland Park IL 847 433-3132. at 9). USA. In ways big and small, global and local, young people are making their mark on the world and driving lasting change in their communities. Accordingly, Priority Sports requests a continuance pursuant to Rule 56(d)(2). 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. See also Multiven, Inc. v. Cisco Systems, Inc., 725 F.Supp.2d 887, 895 (N.D.Cal.2010) (awarding summary judgment to plaintiff where it provided evidence that it expended at least $75,000 investigating the intrusions into their network and restoring the security and integrity of Cisco's proprietary systems). 2201, that two provisions of Plaintiff's employment contract with Priority Sports are unenforceable, namely a two-year non-compete clause and the requirement of fourteen days' written notice of termination. The Court recognizes, however, that Priority Sports also bases its duty of loyalty claim on other factual allegations not discussed above. The Court has already determined that no jury could find that (1) Plaintiff breached the employment contract, the implied covenant, or his duty of loyalty; or that (2) Plaintiff or CAA misappropriated any of Priority Sports' trade secrets; or that (3) CAA intentionally interfered with Priority Sports' contractual relations with Plaintiff. Mark Bartelstein, 61. 61), Ex. Further, the Court GRANTS summary judgment in favor of Defendants on Plaintiff's claims for declaratory relief, violation of the CFAA, and violation of the ECPA. All Plaintiff needed to do to secure his Gmail accountindeed, all he could dowas to change the password and the back-up email address used to retrieve the password. See Celotex, 477 U.S. at 324, 106 S.Ct. And negotiating the NBA contract that made John "Hot Rod" Williams the highest-paid player in the history of team sports. Kenny Zuckerman Priority Sports Staff 2022-09-22T16:03:00-05:00. In reviewing Priority Sports' Counterclaim, it clearly relies on the same predicate acts that undergird the breach of contract claim. The Court therefore GRANTS summary judgment for Defendants on the CFAA claim. Our clients will tell you:the passion and energy we provide them and their families will surpass your highest expectations. Priority Sports accordingly asserts the following counterclaims: (1) breach of contract against Mintz; (2) breach of the covenant of good faith and fair dealing against Plaintiff; (3) breach of the duty of loyalty against Plaintiff; (4) misappropriation of trade secrets against Plaintiff and CAA (collectively, Counterdefendants); (5) intentional interference with contractual relations as to CAA; (6) intentional interference with present and prospective economic advantage and business relationships against Counterdefendants; (7) conversion against Plaintiff; (8) violation of California Penal Code 502 against Plaintiff; (9) defamation against Plaintiff; (10) trade libel against Plaintiff; (11) conspiracy against Counterdefendants; and (12) violation of the UCL against Counterdefendants. 35). A person who suffers damage or loss by reason of a CFAA violation may bring a civil action against the violator under five enumerated circumstances. These are distinct claims. Stepping into the role of CIO in a company thats never had the position before requires both extensive tech understanding and managerial experience. & Prof.Code 17200 et seq. 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. 539, 543 (Ct.App.1987). 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. In the present case, only one of these avenues is relevant: Plaintiff must show that his case involves loss to 1 or more persons during any 1year period aggregating at least $5,000 in value. 18 U.S.C. (Dkt. In sum, the undisputed facts establish that Plaintiff fails to satisfy the $5,000 threshold and therefore lacks standing to bring a civil action. at 16). Decl. As discussed above, Ames first had to hack into Plaintiff's Gmail account and open several other emails before he read the CAA agreement. Defendants argue that Plaintiff engaged in conduct that belied his expectation of privacy, but none of these contentions have merit. Plaintiff contends, however, that the evidence refutes this allegation. He further averred that he has accessed the account through the website www. California courts have similarly recognized an individual's protected privacy interest in his employment personnel file. In SuccessFactors, the relevant harm of the unauthorized access was that the plaintiff had no clue whether the hacker might invade the website again or send additional spam emails to the plaintiff's customers. Id. National Football League Players Association, "Priority Sports & Entertainment - www.prioritysports.biz - Chicago . Mark Bartelstein Priority Sports & Entertainment NBA Players:40 All-Star Players:3 Maxed-out Players:2 Agent Ranking:3 Mark Bartelstein NBA Agents Ranking Aaron Goodwin Alex Saratsis Andy. That statute imposes liability on whoever [k]nowingly accesses and without permission uses any data, computer, computer system, or computer network in order to wrongfully control or obtain money, property, or data. 502(c)(1). He only averred, however, that Plaintiff failed to inform him of communications or contacts with Scott, Ross, and Sacre prior to Plaintiff's resignation. Where, as here, a plaintiff seeks a declaration pursuant to the Declaratory Judgment Act, 28 U.S.C. Juan H. v. Allen, 408 F.3d 1262, 1277 (9th Cir.2005) (A reasonable inference is one that is supported by a chain of logic, rather than, as in this case, mere speculation dressed up in the guise of evidence.). On March 23, 2012, Plaintiff Aaron Mintz (Plaintiff) filed the instant action against his erstwhile employer, Priority Sports, seeking a declaration under the Declaratory Judgment Act, 28 U.S.C. C082147 TEH, 2008 WL 2264485, at *12 (N.D.Cal.2008). Accordingly, the Court proceeds to summary judgment. Finally, Priority Sports alleges that it was damaged by Counterdefendants' unlawful, unfair, or fraudulent business practices. (Counterclaim 139). Loss is defined as any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service. 18 U.S.C. Accordingly, the Court GRANTS Plaintiff summary judgment on the 502 claim. Even assuming the conversation took place before Plaintiff's resignation, it is undisputed that Gibson did not leave Priority Sports to follow Plaintiff to CAA. Plaintiff contends that Defendants leaked his employment terms with CAA to a third party named Josh Ketroser. Because there is no triable issue of breach or of damages, the Court GRANTS Plaintiff summary judgment on the duty of loyalty counterclaim. everton contact email 847-461-9794; mark bartelstein net worth. No one prepares their clients better for the NBA Draft, or takes better care of them once the draft has come and gone. While Mark Ruffalo's personal phone number is not public information, you can reach him by phone through his representatives by calling Arcieri & Associates at +1 212 286 1700. However, Plaintiff testified that he gave Manos access to his temporary password so that she could help him investigate who had hacked his Gmail account. Civ.Code 3426.1(b). starting lineup: Dumars, Horford and Hardaway, with an agent (Bartelstein) thrown in for good measure. Where allegations of breach of the covenant of good faith do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated. Bionghi v. Metropolitan Water Dist. [48] MOTION for Summary Judgment as to All Counterclaims or, alternatively, MOTION for Partial Summary Judgment as to declaratory relief; violation of the Computer Fraud and Abuse Act; violation of the Electronic Communications and Privacy Act; violation of California Penal Code 502; invasion of privacy; unfair business practices under state law; and all counterclaims filed by Plaintiff and Counterdefendants Creative Artists Agency LLC, Aaron L Mintz; [56] MOTION for Partial Summary Judgment filed by Defendants and Counterclaimants Mark Bartelstein and Associates Inc. 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). Memorial Sloan Kettering Cancer Center New York, New York, NY, 10021. II 6775). C 0805780 JW, 2010 WL 3291750, at *4 (N.D.Cal.2010) (holding that the fact that plaintiff expended resources to stop further violations of 502 sufficed to establish damages, even if such resources only comprised a few clicks of a mouse and some keystrokes). Decl. Our basketball division has negotiated some of the largest contracts in the history of team sports. Civ.Code 3426.1. In addition, Defendants assert that during Plaintiff's negotiations with CAA, and while Plaintiff was still employed by Priority Sports, he provided CAA with a copy of his employment contract with Priority Sports. 1030(g), (c)(4)(A)(i)(I)(V). "They're too stacked," Young told. He only forwarded email from the business account to the personal account when the email itself concerned personal matters (e.g., medical issues), or if he needed to print a document away from the office where he could not access the business account. Contact Us; Staff Opportunities; at 25 n. 3). St. Uncontroverted Facts II (Dkt. gmail. Find company research competitor information contact details financial data for Mark Bartelstein Associates Inc of Sherman Oaks CA. Therefore, this does not create a triable issue as to whether Plaintiff had an expectation of privacy in the Gmail account. of San Francisco, 441 F.3d 1090, 1100 (9th Cir.2006). Based on the foregoing, a reasonable jury could only find that Plaintiff had an expectation of privacy in this personal email account. Plaintiff next argues that the contractual provision for two-weeks' notice is unenforceable. Plaintiff seeks a declaratory judgment invalidating two provisions in his employment contract with Priority Sports: (1) the two-year non-compete clause; and (2) the requirement for fourteen days' written notice of termination. II(B)). 1, 791 P.2d 587, 58990 (1990). The court found the alleged loss was enough to state a claim under the CFAA. You had a 50year guaranteed deal here. (DUF 15). [Stein] Dennis Schroder has agreed to a one-year deal to return to the Lakers, @PrioritySports CEO Mark Bartelstein tells @TheSteinLine. Select the third team from the drop down menu. Priority Sports represents the following NFL athletes: Other NFL athletes represented by Priority Sports include Arian Foster, Brooks Reed, Nate Kaeding, Koa Misi, Mike Pollak, Alterraun Verner, Sean Lee, and Levi Jones, Kyle Kosier, Dominic Raiola, Isaac Sopoaga, Madieu Williams, Kris Dielman, Tony Pashos, Alan Faneca, and Luis Castillo. Likewise, a scintilla of evidence or evidence that is merely colorable or not significantly probative does not present a genuine issue of material fact. The 2023 version seems as fresh and swank as if it had just been launched. By proscribing any unlawful business practice, section 17200 borrows violations of other laws and treats them as unlawful practices that the unfair competition law makes independently actionable. CelTech Comms. (Horn Decl. breast imaging fellowship texas; difference between nescafe classic and taster's choice; billy bowden last match Bloomberg Daybreak Europe, anchored live from London, tracks breaking news in Europe and around the world. of So. Plaintiff next alleges that Defendants violated the Electronic Communications and Privacy Act (ECPA) by intentionally intercepting an electronic communication, 18 U.S.C. (DUF 23); (Mintz Decl. Overnight on Wall Street is morning in Europe. Only admissible evidence may be considered in deciding a motion for summary judgment. Priority Sports has failed to identify any testimony from third parties attesting that Plaintiff made any of the alleged statements. (Def. Plaintiff has presented evidence that he had a reasonable expectation of privacy in his personal emails. Here are three keys to approaching conversations about quality with business leaders. Contact & Personal Details; Relatives & Associates; Trusted Connections, Since 2002. (DUF 712). Plaintiff contends that Defendants violated the CFAA by hacking into Plaintiff's Gmail account. Priority Sports is one of the largest independently owned sports agencies in the US. (Counterclaim 133). Under the plain language of the statute, any amount of damage or loss may be sufficient. Facebook, Inc. v. Power Ventures, Inc., No. 16, Ex. The company id for this entity is 15011237. This mere conclusion is insufficient to raise a triable issue of fact. ( Id.). Only in limited circumstances have courts considered the cost of discovering the identity of the offender to be part of the loss under the statute. Accordingly, the Court GRANTS Counterdefendants summary judgment as to this counterclaim. Preliminarily, the Court notes that this claim is based in large part on the same factual allegations of misconduct discussed in the section above. at 25). All Rights Reserved. 11MD02250LHK, 2011 WL 4403963, at *14 (N.D.Cal. Actionable invasions of privacy must be sufficiently serious in their nature, scope, and actual or potential impact to constitute an egregious breach of the social norms underlying the privacy right. Hill, 26 Cal.Rptr.2d 834, 865 P.2d at 655. 2505, 91 L.Ed.2d 202 (1986). Davis v. Facebook, Inc. (In re Facebook, Inc. Internet Tracking Litig. Russias War On Ukraine: Daily News And Information From Ukraine, The Real Players Of Formula One: Drive To Survive Season 5, Scott Adams Undoing: A Timeline Of The Dilbert Cartoonists Fall From Grace, The Mark Hotel Kicks Off 2023 With A Menu Of Fitness And Wellness Offerings, Taste Of The Oscars: How A British Chef Is Making His Mark In Hollywood, Womens Travel Fest Marks 10th Year Of Sharing Expertise And Experiences, The Most Valuable Sports Agencies 2022: The Rich Get Richer Amid A Wave Of Consolidation, The Most Powerful Sports Agents 2022: Scott Boras Is In A League Of His Own, Do Not Sell or Share My Personal Information, Limit the Use of My Sensitive Personal Information. 22 pick Bobby Portis, No. Rather, the emails Defendants viewed were stored on Gmail., granting summary judgment for defendants where Plaintiff failed to show sufficient loss, but Defendants did not contest violation of the CFAA where a defendant had instructed another person to access Plaintiff's email account, noting that "[u]nder the plain language of the statute" damages must be established. 15). L, Response to Interrogatory 1). To prevail on this claim, Plaintiff must establish (1) a legally protected privacy interest, (2) a reasonable expectation of privacy under the circumstances, and (3) a serious invasion of the privacy interest. Int'l Fed'n Prof'l & Technical Eng'rs, Local 21, AFLCIO v. Super. In fact, Ketroser stated that after Plaintiff's resignation, Kenny Zuckerman, an employee of Priority Sports, first disclosed to Ketroser that he had accessed Plaintiff's email account and discovered that his salary at CAA would be less than at Priority Sports. Priority Sports cites Additional Material Facts 47 and 48, but these cited parts of the record do not support the allegations concerning Ross and Scott. 10). Faced with the foregoing, no reasonable jury could find that the invasion was not an egregious breach of social norms. . This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. Washington Wizards guard Bradley Beal has heard the rumors about the Brooklyn Nets wanting to land him in a trade deal. V(B)). MARK BARTELSTEIN & ASSOCIATES, INC. is a Georgia Foreign Profit Corporation filed on August 15, 2022. (Counterclaim 77(e)-(f)). 8). In. This year Priority represented No. To be clear, Plaintiff does not take issue with the notice requirement itself. (Compl. at 106162 (citing 18 U.S.C. The Court has already determined, however, that the evidence presented does not create any triable issue that Counterdefendants are liable for any unlawful act. 2264485, at * 12 ( N.D.Cal.2008 ) personnel file opportunity to pursue discovery on the CFAA.... 29 Cal.4th 1134, 131 Cal.Rptr.2d 29, 63 P.3d 937, 95354 ( 2003 ) in!, AFLCIO v. Super it was damaged by Counterdefendants ' unlawful, unfair, or business... Stacked, & quot ; Young told no reasonable jury could only find that the Court recognizes however... 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