Release Agreements

Employer Was Released From Liability In Settlement Agreement Between Employee And Third Party

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

Heriberto Ceja Rodriguez sued Takeshi Oto for injuries he sustained in an automobile accident. Unbeknownst to Rodriguez, at the time of the accident, Oto was driving from an event related to his employment. (Oto was driving a...more

Gavel to Gavel: Picture policies

by Jessica John Bowman | McAfee & Taft on 3/14/2013

Originally published in The Journal Record - March 14, 2013. Your company just hosted a successful public event, perhaps a fundraiser for a local charity. The event is over, and all that remains is to post photos from...more

Delaware Opinion In Indianapolis Downs Case Expands Third Party Releases And Approves Post-Petition Lock-Up Agreements

by Jarrett Vine, Christopher Ward | Polsinelli on 3/4/2013

The Bankruptcy Court for the District of Delaware recently issued an opinion confirming a chapter 11 plan (i) based on a lock-up agreement between the debtor and its major creditors and (ii) containing third party releases...more

ERISA: Releases Should Explicitly Release ERISA Claims and ERISA Plan

by D. Michael Reilly | Lane Powell PC - ERISA Law on 2/27/2013

Here’s a unique twist: Does that workers’ compensation settlement agreement release the ERISA disability claim? Probably not, unless the release explicitly mentions ERISA claims and the ERISA Plan....more

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 2/13/2013

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more

Massachusetts Wage Act Release Must Be Clear and Specific

by Mark H. Burak | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/9/2013

The Massachusetts Supreme Judicial Court recently addressed a significant issue to Massachusetts employers—whether general releases can bar employees from bringing Wage Act claims against their employers. Crocker v. Townsend...more

A Guide to Contract Interpretation - February 2013

by Vincent Martorana, Michael Zitelli | Reed Smith on 2/4/2013

Introduction - Transactional attorneys and litigators often take a very different approach toward contracts. Transactional attorneys focus on the ex ante — the relationship between the parties before there is a dispute....more

The Devil Is in the Details: General Releases from Employees That Fail to Specifically Refer to Mass. Wage Act Are Insufficient to...

by Bronwyn Roberts | Duane Morris LLP on 1/14/2013

In Crocker v. Townsend Oil Co. Inc., SJC-11059 (Dec. 17, 2012), the Massachusetts Supreme Judicial Court (SJC) held that a general release from an employee in favor of an employer that purports to release all possible...more

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