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Settlement Liquidated Damages

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more

Pierce Atwood LLP

There’s No Tying in Litigation - Factors to Determine the Winner for Fee Shifting Provisions

Pierce Atwood LLP on

Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more

Seward & Kissel LLP

Arrested Development, Liquid Diet, Cardinal Sin, and Moot Court

Seward & Kissel LLP on

First Evergrande, now Sunac. Another big Chinese developer files for US bankruptcy protection | CNN Business - Sunac, a leading Chinese property developer, is the second giant Chinese developer in weeks, following...more

ArentFox Schiff

Class Action Year in Review: Courts Continue Close Scrutiny of Class Action Settlements

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Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more

King & Spalding

Further Court Guidance on the Enforceability of Liquidated Damages

King & Spalding on

Shortly after the long-awaited Supreme Court judgment on the operation of liquidated damages in the event of termination, the English courts have delivered another important judgment on the operation of liquidated damages,...more

ArentFox Schiff

DOL to Seek Liquidated Damages in Pre-Litigation Settlements

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In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases

On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Troutman Pepper

New York Court Holds Contractor’s Failure to Timely Pass Through Subcontractor Delay Claim to the Owner Constitutes Breach of the...

Troutman Pepper on

Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) - In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a prime contract to build two sanitation...more

U.S. Equal Employment Opportunity Commission...

Winebrenner Transfer Will Pay $42,000 to Settle EEOC Retaliation Lawsuit

Trucking Company Fired Female Driver Because She Complained About Pay Discrimination, Federal Agency Charges - BALTIMORE - Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay...more

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