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USA Today via Reuters
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Essentials Inside The Story
- Brett Favre's post-football life has turned into a courtroom battle, with one key figure quietly shaping his fight behind the scenes
- What began as lingering scrutiny has now escalated into a legal showdown that refuses to fade
- With the courts refusing to close the door, the next chapter promises even higher stakes than before
Retirement after a two-decade run in the NFL hasn’t exactly been quiet for Brett Favre. Since 2020, the Green Bay Packers legend has been under sustained scrutiny for his alleged involvement in the Mississippi welfare scandal, a situation that followed him long after his playing days ended. However, as the controversy escalated into an active defamation lawsuit, Favre leaned on his attorney, Eric Herschmann, to steady the ship.
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Herschmann has been central to Favre’s defense, consistently arguing that the former quarterback did nothing wrong while pushing back against accusations that shaped public perception. In Favre’s view, that legal support has been pivotal. Taking to X just hours before the New Year, Favre publicly thanked Herschmann. The ex-NFLer called him a game-changer off the field.
“I’ve had a lot of people help me over the years — but my attorney Eric Herschmann has been a game-changer off the field and forever grateful to him,” Favre shared on ‘X’, just hours before the New Year, and you can tell why.
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I’ve had a lot of people help me over the years — but my attorney Eric Herschmann has been a game-changer off the field and forever grateful to him.
🙏— Brett Favre (@BrettFavre) December 30, 2025
Favre’s name first became linked to the public fraud case after investigators in Shad White’s office uncovered that at least $77 million in Temporary Assistance for Needy Families (TANF) funds, money meant to support the state’s poorest families, had instead been diverted to wealthy and politically connected individuals. A state audit and subsequent civil lawsuit named Favre among dozens of defendants.
The lawsuit alleged that Favre received $1.1 million in TANF funds for speeches White said were never delivered. Favre was also accused of helping redirect $5 million from the program to fund a volleyball facility at the University of Southern Mississippi. And that’s when the Packers’ legend brought in Herschmann, a high-profile attorney who previously served as a top White House lawyer.
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“I only agreed to represent Brett Favre after I did my independent due diligence and was convinced that he did nothing wrong,” the attorney said in 2022. “Brett enthusiastically tried to help his alma mater, a public university, that needed and wanted his help. To be clear, Brett had no idea that welfare funds were being used or that others were involved in illegal conduct.”
As part of the civil case, Favre repaid the $1.1 million tied to the speaking fees. However, the ex-NFLer was never arrested or criminally charged. Favre has repeatedly denied wrongdoing, saying he had been “unjustly smeared,” a view Herschmann also echoed by describing:
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“Right now my view of it is I see somebody who’s become a punching bag in the media. He’s a high profile person. His name is out there, so that’s what people are talking about. But if people looked at it in detail, they will see he has done nothing wrong in this circumstance.”
However, just a few months later, Favre escalated the legal fight. He filed three separate defamation lawsuits against White, Shannon Sharpe, and Pat McAfee. In the suit against White, Favre alleged that “White has made egregiously false and defamatory statements accusing Favre of ‘stealing taxpayer funds’ and knowingly misusing funds ‘designed to serve poor folks.”
The lawsuit against Sharpe focused on remarks made during his broadcast. Sharpe allegedly called Favre a “sorry mofo to steal from the lowest of the low.” And that Favre “stole money from people that really needed that money.”
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Similar claims appeared in Favre’s lawsuit against McAfee, which cited comments made on The Pat McAfee Show, labeling Favre a “thief” who was stealing from poor people in Mississippi. However, McAfee’s lawsuit was later resolved. But throughout the legal fallout, Favre’s attorney remained firmly by his side. This is exactly why Brett Favre has been grateful for having Herschmann on his side. And as of May 2025, Favre’s defamation lawsuit against White is set to move forward.
Defamation lawsuit filed by Brett Favre against Shad White will move forward
Back in March, Shad White formally appealed to dismiss the defamation lawsuit filed against him by Brett Favre. The state auditor asked the court to overturn a ruling by Hinds County Circuit Judge Debra Gibbs. In his appeal, White framed the case as a broader concern beyond just this dispute, arguing that:
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“The continued litigation of this case not only threatens important First Amendment rights. Equally if not more worrisomely, it discourages public servants from doing their jobs.”
A couple of months later, however, the Mississippi Supreme Court rejected that appeal, allowing the lawsuit to move forward. Shortly after the decision, White’s office released a statement reaffirming his stance and making it clear the fight wasn’t over.
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“The facts of this case have not changed and Auditor White will continue to defend himself from this ridiculous and frivolous lawsuit,” the statement read.
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For now, the legal battle remains active. And with neither side backing down, the spotlight on this case isn’t fading anytime soon.
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