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ALLEGIS GROUP, INC. v. JORDAN

No. 18-1769.

951 F.3d 203 (2020)

ALLEGIS GROUP, INC.; Aerotek, Inc.; TEKsystems, Inc., Plaintiffs-Appellees, v. Justin JORDAN; Daniel Curran; Michael Nicholas; Chris Hadley, Defendants-Appellants, and Ana Neto Rodrigues, Alexander Ferrello, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 27, 2020.

Attorney(s) appearing for the Case

ARGUED: Michael James Tuteur , FOLEY & LARDNER LLP, Boston, Massachusetts, for Appellants. Jacqueline Carol Johnson , LITTLER MENDELSON, P.C., Dallas, Texas, for Appellees. ON BRIEF: Donald W. Schroeder , Michael Thompson , Boston, Massachusetts, Jillian M. Collins , FOLEY & LARDNER LLP, Washington, D.C., for Appellants. Paul J. Kennedy , Steven E. Kaplan , LITTLER MENDELSON, P.C., Washington, D.C., for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wilkinson joined. Judge Diaz wrote a dissenting opinion.

This case centers on a corporate "Incentive Investment Plan" created by Allegis Group, Inc., "to promote the long-term economic growth of [Allegis and its subsidiaries]." Under the terms of the Plan, highly compensated employees who qualify for and elect to participate in the Plan can receive incentive payments for 30 months...

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