Equitable Disgorgement Is A Fair And Equitable Business Litigation Remedy

• Tuesday, October 6, 2015
• Category: Business Litigation

In the employment law, business litigation case of Kaye v. Rosenfeilde, (25-1-7969, Supreme Court) Justice Anne M. Patterson ruled that in accordance with the broad discretion afforded to courts fashioning equitable remedies that are fair and practical, the remedy of equitable disgorgement may be awarded in an appropriate case even in the absence of a finding that the employer sustained economic loss as a result of the employee’s disloyal conduct. If a court determines that disgorgement is an appropriate equitable remedy, it should apportion that compensation and order disgorgement of only the compensation received during the period in which the employee breached the duty of loyalty.

Reference: Case & Analysis, New Jersey Law Journal, 221 N.J.L.J. 1065, September 17-23, 2015)

Filed Under: Equitable Disgorgement, Equitable Remedies

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