News & Analysis as of

Settlement Release Agreements

Lowenstein Sandler LLP

SEC Says Language in J.P. Morgan-Affiliate Release Agreements Violates Whistleblower Protections

Lowenstein Sandler LLP on

On January 16, the Securities and Exchange Commission (SEC) announced an $18 million settlement order (Order) with J.P. Morgan Securities LLC (JPMS) that finds that the language of release agreements JPMS entered into with...more

Burns & Levinson LLP

Take Your Time Before Agreeing to Settle in Principle

Burns & Levinson LLP on

You have gone back and forth with an adversary via email several times and keep getting closer to a monetary settlement. Finally, the other side makes an offer that is over your bottom line, and you want to put the matter to...more

Sheppard Mullin Richter & Hampton LLP

Head’s Up: Changes Made to Civil Code Section 1542

Civil Code section 1542 waivers are commonly included in a myriad of transactional documents and typically coupled with “as is” provisions. In essence, absent an express waiver of Section 1542 in a contract, the releasing...more

BCLP

The Tax Cuts and Jobs Act Impacts Settlements of Sexual Harassment and Abuse Claims

BCLP on

The recently enacted Tax Cuts and Jobs Act eliminated a business expense deduction for settlements of sexual harassment and sexual abuse claims that are subject to confidentiality restrictions. Specifically, a “settlement or...more

JAMS

Reallocation Actions and Settlement Agreements: What Did We Settle?

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

Carlton Fields

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

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

Zelle  LLP

Dealing Effectively with Agencies, Part 3: Releases

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

Brooks Pierce

Business Court Refuses To Unwind Mediated Settlement Agreement

Brooks Pierce on

The Defendants in last week's decision in DeCristoforo v. Givens, 2015 NCBC 53 were hellbent on getting out from under a settlement they had agreed to at mediation. They offered a host of challenges to the validity of their...more

Laner Muchin, Ltd.

Buying Peace?

Laner Muchin, Ltd. on

Every employment relationship ends at some point, and some end involuntarily and with hard feelings. Sometimes, hard feelings come from current employees as well. When these hard feelings exist, employment claims are...more

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

New Law on the Horizon for Illinois Employers Settling Tort Claims

On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite the payment process in...more

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

New Illinois Legislation Requires Settling Defendants In Certain Civil Litigation To Promptly Deliver Releases And Payments To...

A new Illinois law aimed at preventing defendants from delaying payment after agreeing to settle a claim will impact Illinois employers that settle certain tort claims. The new section of the Civil Practice Law, “Settlement...more

Proskauer - California Employment Law

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

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

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