Zeidenfeld

BACKGROUND

Although the parties agree on very little, they appear to agree that plaintiff and defendants are involved in the daily fantasy sports (DFS) world, albeit in different contexts. According to plaintiff, DFS players build teams of professional athletes and compete against each other with scores based on the athletes’ performances in real-world competitions. Defendants objected to this statement as unqualified expert testimony, but

3 offered a similar description of DFS.3 According to plaintiff, “[i]n the United States, the DFS industry is dominated by two competing services: the New York-based FanDuel, and the Boston-based DraftKings, each, upon information and belief with an estimated value of at least $15 billion.” (Italics omitted.) Plaintiff stated that DFS prize pools often reach millions of dollars. Plaintiff describes himself as “a daily fantasy sports analyst and contributor and an online media personality professionally known as ‘Smizzle’ or ‘Smizz.’ ” He began working as an analyst in 2013. Plaintiff represents that currently, he “produce[s] DFS content across multiple platforms, including articles, podcasts, radio shows, and digital video and live television…