On May 15, I argued a case in the Wyoming Supreme Court. The Board of Directors of my client, a national franchisor of quick service Mexican restaurants, had terminated its top three executives for violating their employment agreements. In particular, these three executives had been diverting their “time, attention, knowledge and skill” to another franchise concept. At the trial court level, I had obtained a favorable summary judgment for the client. At issue were such matters as whether the discovery record reflected disputed issues of material fact, contractual clauses that require amendments to only be in writing, whether the employment agreements were ambiguous and can after acquired evidence of malfeasance retroactively justify termination for breach of contract. A decision is expected in three months.
