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Contracts Keyed to Frier
LECG, LLC, v. Unni
Citation:
2014 WL 2186734Facts
LECG, LLC (plaintiff) recruited Dr. Sanjay Unni (defendant) to join its company as an expert in financial markets and litigation. LECG and Dr. Unni entered into an agreement (hereinafter “Director Agreement”), which increased Dr. Unni’s salary to $360,000 and provided for an additional annual bonus. The terms of Director Agreement specified that the annual bonus was not guaranteed, that the bonus would be entirely performance based, that the bonus was not earned when it was paid, and that Dr. Unni was an at-will employee. LECG paid Dr. Unni two advance bonus payments, each in the amount of $250,000. The Director Agreement also specified that Dr. Unni would be required to pay the balance remaining on his advances in the event he was terminated from the company. Dr. Unni eventually left the LECG following the company’s financial difficulties. LECG sued Dr. Unni, seeking repayment of the advance. In return, Dr. Unni alleged that LECG rendered his performance impracticable or frustrated the purpose their agreement.
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