Fuhlendorf v. Isilon Systems, Inc.

This case arose when plaintiff entered into an agreement with defendant under which he was entitled to advancement of expenses incurred in defending several actions arising out of his employment with defendant (Indemnification Agreement). At issue was whether the Special Master's fees fell within the definition of "Expenses" under the Indemnification Agreement. The court held that, in accordance with the terms of the Indemnification Agreement, defendant was solely responsible for any fees arising from a reasonableness review conducted by a special master. Therefore, the Special Master's fees were to be paid by defendant, along with any future amounts arising from similar proceedings before the Special Master. View "Fuhlendorf v. Isilon Systems, Inc." on Justia Law