Case: Individual Employment Rights/Contracts (S.D.N.Y.)

A New York federal district court ruled on two pre-trial legal questions in a breach of contract case brought by a former executive officer against The Arena Group, holding that he bears the burden of proving his termination was without cause as a condition precedent to receiving severance benefits, and determining that under the faithless servant doctrine for the defendant’s breach of fiduciary duty counterclaim, the court will instruct the jury that if a breach tainted all work during the period of disloyalty, it is substantial and all compensation earned during that period must be forfeited.

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