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Civil Code Settlement Agreements

BakerHostetler

To Ensure a Complete Release, Address California’s New Section 1542

BakerHostetler on

Civil Code Sections 1541 and 1542, California laws that govern the extinguishment of certain obligations, were recently amended by Senate Bill No. 1431. The subtle amendments made to these code sections not only impact...more

Pillsbury - Gravel2Gavel Construction & Real...

Update Your California Release Provisions to Include Amended Section 1542 Language

Most companies have been involved in a situation where they want to end their relationship with another company, or with an employee, and to permanently terminate their mutual obligations (e.g., a settlement agreement...more

Cooley LLP

Alert: California Legislature Amends Required CCP 1542 Language

Cooley LLP on

California Code of Civil Procedure Section 1542 precludes the waiver of unknown claims unless the protections of the section are expressly relinquished. In order to effectively waive the protections of California Code of...more

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

Please Release Me: New California Civil Code Section 1542 Release Language Effective January 1, 2019

Given the litigious environment in California, employers operating in the state are in great need of enforceable general release terms in severance and settlement agreements. California employers entering into severance or...more

Sheppard Mullin Richter & Hampton LLP

California Legislature Amends Section 1542: Are Employer Settlement Agreements Now More Vulnerable to Attack?

On January 1, 2019, California’s Senate Bill No. 1431 went into effect, making a slight, but potentially significant amendment to Civil Code Section 1542. The prior version of the statute read: “A general release does not...more

Holland & Knight LLP

New California Labor and Employment Laws for 2019

Holland & Knight LLP on

• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019 • California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019 • These laws were among the...more

Allen Matkins

California Lawsuit Against President Trump Raises Issue Of Consent

Allen Matkins on

Earlier this week, Stepanie Clifford, aka Stormy Daniels, filed a lawsuit against President Donald Trump in the Superior Court for the County of Los Angeles. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar....more

Fisher Phillips

Sexual Harassment Dominates California Legislation in 2018

Fisher Phillips on

As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more

Foley & Lardner LLP

Utilizing California Civil Code Section 1542 Waivers in Class Action Settlement Agreements: Helpful or Harmful?

Foley & Lardner LLP on

A significant concern for any lawyer negotiating the settlement of a class action in California state court is crafting a settlement agreement that the court will ultimately approve. Under California law, a judge must approve...more

Proskauer - Minding Your Business

Think Your Release is Ironclad? Consider California Civil Code Section 1542

Settlement agreements often include broad general releases covering claims existing from the “beginning of the world” to the settlement date – whether the claims are known or unknown to the releasing party. And in many...more

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