Epstein Becker & Green contributed to the success of an international arbitration under the auspices of the International Chamber of Commerce. We provided US counsel to an Asian firm in an arbitration representing an industrial company. The contract at issue, an intellectual property license agreement between two industrial companies, one of whom is our client, that prohibited each company from soliciting employees of the other company, was governed by the law of New York State. Following the employee’s departure from the Claimant company to join our client as an employee, the Claimant company commenced an arbitration against our client alleging that our client breached the contract and sought over $5 million in damages. We were successful in convincing the arbitrator that our client did “solicit” the employee as that term is defined under New York law and thus did not breach the contract and that the non-solicitation covenant was not enforceable in any event under New York law. In addition, the arbitrator awarded fees and costs exceeding $700,000 to our client.
Results may vary depending on your particular facts and legal circumstances.
