Practice point: If plaintiff wins his claim that he was induced by material misrepresentations to stay at defendant-law firm, he can get the difference between the signing bonus offered by the other firm and what he got from defendant for agreeing to stay.
Practitioners should note that plaintiff’s damages may not include anything based on employment going forward with the other firm, since that would be speculative.
Case: Hoeffner v. Orrick, Herrington & Sutcliffe LLP, NY Slip Op 03451 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
You will find another instructive case here.
