“Consider a ‘Prevailing Party’ Clause in Employee Contracts”
ATLANTA (April 2, 2018) --- In an article published on April 2, 2018, in the Daily Report, Weinberg Wheeler Hudgins Gunn & Dial partner Nick Panayotopoulos and partner of counsel Nan Rigby, both of whom practice out of the firm’s Atlanta office, provide insight into the advantage for companies to use a “prevailing party” clause in an employment contract. Panayotopoulos and Rigby explain that if these clauses are drafted correctly, the clause will permit the prevailing party to fully recover its fees and expenses without having to use any of the statutory frameworks for recovering fees and expenses in connection with successful litigation. “The clause should be express, relatively broad, keeping in mind that the employer may not prevail, and consideration should be given to including a definition for the term ‘prevailing party’.”
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WWHGD is a national trial firm and winner of ALM’s “Litigation Department of the Year” award in 2017, 2016 and 2014 and “Product Liability Department of the Year” award in 2018 for its outstanding representation of clients and the results achieved on their behalf. The firm has tried over 400 cases throughout the U.S. and handled cases in all 50 states and 22 countries. Clients range from Fortune 500 to mid-size and local companies. WWHGD and its lawyers are consistently ranked in Chambers USA, Best Lawyers, Super Lawyers and other prestigious ranking directories.
