News & Analysis as of

Release Agreements

Tenth Circuit Upholds EEOC's Authority to Sue in Relation to Non-Disparagement Provision

When an employer provides an employee with a release and settlement agreement, the document regularly includes provisions that prohibit the employee from criticizing the employer and related parties. Several years ago, the...more

Without Prejudice: An Invisibility Cloak for a Mature World

by Field Law on

Almost immediately following the unfortunate reality of a termination of employment, another unfortunate reality almost always arrives: a “without prejudice” demand letter. Indeed, that demand letter is perhaps the second...more

Workers’ Comp Release Doesn’t Cover FMLA Claims, Says Third Circuit

On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s...more

Defence & Indemnity - August 2017:IV. PRACTICE ISSUES: Biancaniello v. DMCT LLP, 2017 ONCA 386, per Feldman, J.A. [4235]

by Field Law on

IV. PRACTICE ISSUES - A. Litigation Releases can be wide enough to preclude future claims between the parties that were unknown and unanticipated when the Release was executed. Biancaniello v. DMCT LLP, 2017 ONCA 386,...more

Judge, Jury and . . . Attorney’s Fees

When a contract awards attorneys’ fees to one party in a contract action, California Civil Code § 1717 intervenes by a) directing the attorney’s fees to the prevailing party, regardless of the party awarded fees in the...more

Let’s Talk Municipal Finance – Municipal Lease Purchase Agreements

by PretiFlaherty on

In the last installment of Let's Talk Municipal Finance, I discussed municipalities and governmental entities that issue bonds, a form of municipal debt. An alternative to incurring municipal debt and less onerous option for...more

Defence & Indemnity - June 2017 : Insurance Issues C. Downer v. Pitcher, 2017 NLCA 13, per Green, C.J.N.L. [4228]

by Field Law on

C. The drivers of two cars involved in an accident privately made a settlement and release agreement, giving the Newfoundland Court of Appeal an opportunity to clarify the legal test for the doctrine of unconscionability....more

Episode 15: Conversation with EEOC Chair Victoria Lipnic

by Akerman LLP on

Matt welcomes Victoria Lipnic, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), for a wide-ranging discussion regarding Chair Lipnic’s personal and professional background, the expansion of employers’...more

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there...more

Waiver Of Year’s Support Through Post-Nuptial Agreement

by Bryan Cave on

Divorce should put an early end to the marriage vow of “’til death does us part.” But, when it comes to estate disputes, neither divorce nor death can part the path to the courthouse. ...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Group proceedings settlement update: Court of Appeal upholds binding nature of settlement on group members

by DLA Piper on

In Pekell, the Court of Appeal has provided welcome clarity around the effect of settlements in group proceedings, which should provide comfort to group proceeding defendants and their insurers. Importantly, the case affirms...more

Court Enforces Release Agreement Between Trustees/Executors and A Beneficiary

by Winstead PC on

In Harrison v. Harrison Interests, a beneficiary of an estate and multiple trusts had a dispute with the executors and trustees. No. 14-15-00348-CV, 2017 Tex. App. LEXIS 1677 (Tex. App.—Houston [14th Dist.] February 28, 2017,...more

Reallocation Actions and Settlement Agreements: What Did We Settle?

by JAMS on

The purpose of a settlement and release agreement is to fully and finally dispose of a disputed matter. However, more and more often, a dispute cannot be fully resolved where non­parties to the dispute have contributed...more

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more

WORD OF THE DAY® – Release Clause

by Latham & Watkins LLP on

Latham Partner James Chesterman explains the term Release Clause from the Book of Jargon® – European Capital Markets and Bank Finance. The Book of Jargon® – European Capital Markets and Bank Finance is one of a series of...more

JAMS Global Construction Solutions Newsletter, Spring 2017

by JAMS on

Reallocation Actions and Settlement Agreements: What Did We Settle? - The purpose of a settlement and release agreement is to fully and finally dispose of a disputed matter. However, more and more often, a dispute cannot...more

Commutation, Settlement, And Release Agreement Of The Home Insurance Company Approved

by Carlton Fields on

A New Hampshire court has approved the commutation, settlement, and release agreement between The Home Insurance Company (in Liquidation) and Providence Washington Insurance Company (PWIC), as successor to Unigard Mutual...more

New Jersey Bill Prohibits Employers from Requiring Release of Gender Claims in Exchange for Severance

by Jackson Lewis P.C. on

A bill in the New Jersey State Senate would bar an employer from entering into an agreement for severance payments with an employee “which results in the employee releasing any claims, or barring any potential claims in the...more

SEC Fines Employers for Release Language Disclaiming Right to Monetary Recovery from Whistleblower Complaints

Over the past several years, legal counsel has urged employers to add language to release agreements used with employees to make clear that nothing in those documents will act to prevent an employee or former employee from...more

Hold on to Your (Top) Hat: ERISA Section 502(a)(3) May Be Used to Enforce the Terms of a “Top-Hat” Benefits Plan

by Zuckerman Spaeder LLP on

Thanksgiving is typically a time for gratitude, gathering with family, and acts of kindness among fellow men and women. But in one recent case, a bank used Thanksgiving to force-feed a separation agreement to its outgoing...more

Insurer Can Breach Duty by Refusing to a Modification of a Release

Insurer Can Breach Duty by Refusing to a Modification of a Release Woodland hills personal injury lawyer Barry P. Goldberg analyzes insurance company obligations particularly involving ‘Releases.” Mr. Goldberg recently...more

Think Your Release is Ironclad? Consider California Civil Code Section 1542

Settlement agreements often include broad general releases covering claims existing from the “beginning of the world” to the settlement date – whether the claims are known or unknown to the releasing party. And in many...more

Second Circuit Finds FCA Claims about Night-Vision Goggles Lack Sufficient Particularity

by Dorsey & Whitney LLP on

On Wednesday, May 25, 2016, the Second Circuit affirmed the district court’s decision to dismiss FCA claims alleging that defendants supplied $1.5 billion worth of deficient night-vision goggles to the U.S. military. United...more

Dealing Effectively with Agencies, Part 3: Releases

by Zelle LLP on

Employment law enforcement agencies are involved in a significant number of employer-employee disputes. It helps for HR professionals, as well as in-house and outside counsel, to understand agency processes and priorities....more

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