The lawsuit, filed last year, alleges brand development company Authentic Brands Group LLC and its CEO failed to devote adequate resources to grow the 'Dr. J' brand and instead focused on more profitable brands.
LOS ANGELES, CA - MARCH 01: Julius Erving looks on before a NBA game between the Philadelphia 76ers and the Los Angeles Clippers on March 1, 2020 at STAPLES Center in Los Angeles, CA. A Delaware judge on Monday halted a lawsuit filed by basketball legend Julius Erving against a brand development and marketing company, ruling that the dispute must go to arbitration.
According to court records, ABG and its controlling member and CEO, James Salter, promised to grow Erving’s brand through new licensing agreements, promotional appearances, and other marketing opportunities. Among specific allegations, the lawsuit argues that ABG wrongfully diverted funds to itself to pay an unauthorized 30% management fee, and used the wrong metric to determine distribution amounts.
In his ruling Monday, Vice Chancellor Nathan Cook agreed that, under a dispute resolution provision in the operating agreement, the court cannot exercise jurisdiction until the case is first submitted to an arbitrator.
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