The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
The Reintroduction of Net Operating Loss - A Pepper Hamilton and Financial Executives Alliance Webinar
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more
The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more
As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule. On September 9, 2024, the SEC announced settled charges resulting...more
The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the...more
Yesterday, the SEC announced it had charged seven companies with violating ’34 Act Rule 21F-17(a) by using employment and separation agreements to impede potential whistleblowers from reporting misconduct to the SEC....more
The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more
Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more
Divorces can be highly charged and emotionally challenging. California’s legislature is considering a bill that will further streamline the process for many divorces. Currently, the dissolution and legal separation...more
Pennsylvania Governor Josh Shapiro has signed the “Fair Contracting for Health Care Practitioners Act” (House Bill 1633), which restricts the ability of employers and healthcare practitioners to enter into non-compete...more
Noncompete agreements for certain medical providers in Pennsylvania, signed on or after January 1, 2025, will only be permissible in limited circumstances. This is as a result of the newly enacted “Fair Contracting for...more
Multiple studies and respected authors agree – divorce is one of the most stressful life events any person can experience. After 34 years of practice in the family law field, I have represented many individuals who have...more
Frequent readers of the Divorce Law Monitor may recall a previous post “We’re Divorcing – Who Keeps the Pet?” This follow-up post discusses an opinion handed down this month by the Appeals Court, which, while it likely will...more
Premarital agreements offer persons contemplating marriage the ability to plan for the distribution of their assets and liabilities in the event of separation and/or divorce. While the concept of planning for divorce may seem...more
Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for...more
Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more
With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more
New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes...more
When settling a lawsuit or pre-litigation disputes, parties sometimes insist on including non-disparagement clauses in their settlement or severance agreements. Broadly speaking, these clauses prevent one or both parties to...more
2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more
Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from...more
On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more
New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more
While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with...more
New York recently enacted a number of laws and rules affecting New York employers, many of which took effect immediately. Some of these laws are significant, including changes to the confidentiality preference agreements...more
Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more