News & Analysis as of

Breach of Contract › Separation Agreement

Morris James LLP

Superior Court Finds Defamatory Letter to Lender Breached Separation Agreement But Proposed Damages Were Largely Speculative

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Feenix Payment Sys., LLC v. Blum, C.A. No. N21C-05-099 EMD CCLD (Del. Super. May 29, 2024) - Plaintiffs were various corporate entities and Keith Lee, their founder and chief executive (collectively, “Feenix”). Defendant...more

Morris James LLP

Chancery Determines That Former Executives Are Not Entitled to Equity Awards Under Separation Agreement

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SeaWorld Entm't, Inc. v. Andrews, C.A. No. 2020-0955-NAC (Del. Ch. May 19, 2023) - SeaWorld Entertainment, Inc. granted unvested equity awards to employees. Pursuant to equity agreements, the awards would vest if the...more

Wiley Rein LLP

Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss

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In a win for Wiley’s client, the United States Court of Appeals for the Ninth Circuit, applying California law, held that no coverage was available for an arbitration award awarding amounts owed under a CEO’s separation...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Court of Appeals for the DC Circuit Allows Claims Based on Association CEO’s Comments About Employee Departure

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A recent DC Circuit decision contains cautionary lessons for drafting severance agreements and opens the door to personal liability for negative characterizations of the reasons for employee departures. A mutual...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

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Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement...more

King & Spalding

Hertz Seeks Claw-Backs from Former Executives

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Earlier this year, Hertz Corporation filed suit against several former executives, including its former CEO, CFO and general counsel, seeking to recover under its claw-back policies approximately $70 million in incentive...more

Stinson - Corporate & Securities Law Blog

The Right Way to Release Claims for Advancement on Termination of Employment

Stinson - Corporate & Securities Law Blog on

In Ephrat et al v medCPU, Inc., the Delaware Court of Chancery considered whether a separation agreement released claims of advancement pursuant to medCPU’s, or the company’s, certificate of incorporation. The plaintiffs,...more

Carlton Fields

Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement

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Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause? The Eleventh Circuit...more

Verrill

New Massachusetts Noncompetition Act: What Employers Need To Know

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Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1,...more

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