Fishman

INTRODUCTION

This matter involves an arbitration between David Joe and his former law firm, Advisors LLP, and its principals, Leigh Morris and Robert Plotkowski (collectively, Advisors). Joe, Jordan Fishman, and Tony Lee (collectively, Plaintiffs) were employed by Advisors and left to form their own law firm. When Advisors sought to enforce a noncompete clause against them, Plaintiffs sued it for damages and declaratory and injunctive relief, alleging they were misclassified as nonequity partners rather than as employees of Advisors. Advisors, in turn, filed a cross-complaint against Plaintiffs and moved to compel arbitration, which the trial court granted. Three separate arbitration proceedings ensued with three different arbitrators. In the Fishman arbitration, which was completed first, neither side recovered on its claims. The Fishman arbitrator also ordered each side to bear its own attorney fees and costs. After the Fishman arbitrator issued his interim award, Advisors settled with Joe and Lee, agreeing to pay each of them $5,000 for dismissal of their respective claims. After the settlement, Joe and Lee each sought attorney fees and costs on the ground they were prevailing…