Laurie Berke-Weiss recently was a commentator for a presentation by Samuel Ball, a 2L at NYU Law School, about his paper, “Clawback Across the Country”, a nationwide survey of “[c]ommon-law compensation forfeiture, which allows employers and others who have hired agents to recoup compensation paid to employees (or agents during a period where they have breached their duty of loyalty.…”. Sam’s paper includes an analysis of the “faithless servant doctrine” which is applied in New York to all employees. The presentation can be viewed using this link, along with a draft of the paper.
