News & Analysis as of

Release Agreements

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 [Video]

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

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

CAUTION: Terms of CCP Section 998 Offers to Compromise Must Be Fully Contained in the Offer Itself

In Sanford v. Rasnick, (Ct. of Appeal, 1st App. Dist., No. A145704) the First Appellate District addressed whether a CCP § 998 Offer to Compromise requiring plaintiff to execute a release and enter into a separate settlement...more

Florida Court Says it’s Not Fraud When Misrepresentations are Made During Settlement Negotiations

When settling a case, litigators are naturally focused on avoiding “Round 2” of the litigation for their clients. Toward this goal, lawyers avoid drafting settlement agreements that include any sort of representations or...more

Employee Separation Agreements – A Refresher, Part Three

My first two posts on this topic have discussed provisions that must – under federal law, specifically the Older Workers Benefit Protection Act – be included in employee separation agreements if the employee’s release of...more

Employee Separation Agreements – A Refresher (The Sequel)

In our last post on this topic, we reviewed the essential elements of a valid employee separation agreement that includes an employee’s release of claims against the employer (i.e., the agreement must be made knowingly and...more

New Jersey Companies Face Significant Class Action Risks When Using Limiting or Exculpatory Language in Consumer Contracts

by Saul Ewing LLP on

A federal judge in Camden, N.J., recently granted class certification in a case brought under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”). The class is made up of individuals who signed lease agreements...more

Does General Release Also Cover Noncompete Agreement?

by Morris James LLP on

In determining the proper scope of the general release, the court analyzed both the express contract language and the parties' negotiations. Regarding the express contract language, the court found that the general release...more

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

by Jackson Walker on

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

Insights: The Delaware Edition - October 2015

We are pleased to share with you the inaugural issue of Insights: The Delaware Edition, a periodic publication addressing significant Delaware deal litigation and corporation law developments. In This Issue: - Q&A...more

"Delaware Courts Question Long-Standing Practice of Approving Disclosure-Based Deal Litigation Settlements"

In a series of rulings issued over the last few months, the Delaware Court of Chancery has shaken up decades of well-settled authority in the area of deal litigation settlements. The Court of Chancery historically has...more

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