News & Analysis as of

Breach of Contract › Non-Disparagement Provisions

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Mintz - Employment Viewpoints

Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions

Mintz - Employment Viewpoints on

The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.  The D.C. Circuit Court of...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Court of Appeals for the DC Circuit Allows Claims Based on Association CEO’s Comments About Employee Departure

Pillsbury Winthrop Shaw Pittman LLP on

A recent DC Circuit decision contains cautionary lessons for drafting severance agreements and opens the door to personal liability for negative characterizations of the reasons for employee departures. A mutual...more

Manatt, Phelps & Phillips, LLP

Employer’s Suit Over Employee’s Book Moves Forward

Manatt, Phelps & Phillips, LLP on

A federal court permitted a company to bring claims of non-disparagement and defamation against a former employee after he authored a book on workplace bullying—even though the book didn’t name the employer....more

Maynard Nexsen

The Apprentice and The President’s NDA: Lessons for Protecting Confidentiality

Maynard Nexsen on

A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more

McDermott Will & Emery

For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

Womble Bond Dickinson on

In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

Jaburg Wilk

What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

Jaburg Wilk on

You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph...more

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