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Keeping the Faith…less Doctrine Alive

The Southern District of New York’s latest decision in Rubio v. BSDB Management, reaffirms the viability of New York’s faithless servant doctrine, under which a court may require a disloyal employee to return any compensation received from the employer during the period of disloyalty. However, an employer pursuing such a claim must detail the basis of the claim in order to avoid dismissal. Read this Alert their potential liability for violations. Read this Alert