Richard C. Pollard v. Autotote, Ltd

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue in this appeal is whether a forfeiture provision in a deferred compensation management incentive plan is enforceable under Delaware law.

I

The facts developed thus far are undisputed. Appellant Richard C. Pollard worked for Autotote, Ltd. and its corporate predecessor for approximately sixteen years. Autotote designs, installs and maintains parimutuel betting machines at racetracks and other betting arenas. Pollard’s last position with Autotote was general manager of field operations for the United States, Canada and Mexico. His primary…