Employers rely on forfeiture clauses in equity and incentive plans, as well as on contractual termination clauses, to limit their termination-related liabilities. But our courts are increasingly willing – even eager – to find new reasons to invalidate those clauses. The cumulative effect of recent court decisions has been game-changing, in terms of exposure to liability.
Our experienced panel discuss how these cases impact the drafting and enforceability of these clauses. Our panel will guide you through the practical steps that employers should take to reduce the risk of invalidation — from updating templates to overhauling your communication, delivery and sign-off strategies.