Sports book executive Joseph Asher on Thursday lost his attempt to end the lawsuit against him brought by one-time employer Cantor Gaming.
Cantor has accused Asher of violating a noncompete clause in his employment contract, improperly taking trade secrets and clients with him when he departed in March 2007 in unfriendly circumstances. Asher said he acted properly when launching Brandywine Bookmaking LLC a year later because Cantor was interested in mobile gaming technology and not the physical bookmaking locations that he pursued.
Asher attorney Nicholas Santoro emphasized a part of the employment contract that states Delaware law would be applied to resolve any disputes. Delaware has a three-year statute of limitations regarding employment litigation; Cantor filed the case four years after Asher left.
However, Clark County District Judge Mark Denton sided with Cantor attorney Todd Bice when ruling that Nevada’s six-year limit would apply in a local court unless the contract specifically mentioned an alternative.
The litigation not only includes Asher but Cantor’s arch rival William Hill PLC, which bought Brandywine in 2011 and now employs Asher as the CEO for its U.S. operations.