News & Analysis as of

Confidentiality Agreements Termination

Fox Rothschild LLP

Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

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More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more

Sherman & Howard L.L.C.

The SEC Blows the Whistle on Improper Confidentiality Provisions

On Friday, September 29, 2023, the Securities and Exchange Commission (“SEC”) issued a cease and desist and $10 million civil money penalty against D.E. Shaw & Co, L.P. (“DESCO”). DESCO is a registered investment advisor...more

Dorsey & Whitney LLP

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

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Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

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

The Practical NLRB Advisor: Winter 2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

WilmerHale

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

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On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Dorsey & Whitney LLP

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

Miles & Stockbridge P.C.

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Laner Muchin, Ltd.

Recent NLRB Decision Significantly Impacts Employee Releases and Separation Agreements

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The National Labor Relations Board recently issued a decision in McLaren Macomb, holding that employers may not offer severance agreements that require employees to agree to non-disparagement or confidentiality provisions...more

Goodwin

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

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In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

Latham & Watkins LLP

NLRB Limits the Scope of Confidentiality and NonDisparagement Covenants

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Employers should review and tailor their confidentiality and non-disparagement covenants to mitigate risk of a finding that such covenants are unlawful. On February 21, 2023, the National Labor Relations Board (the NLRB)...more

Venable LLP

Are Employee Confidentiality and Non-Disparagement Promises Gone? The NLRB Says, in Most Cases, Yes (Again)

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As is often the case, when a presidential administration changes, so may a prior rule issued by the National Labor Relation Boards (NLRB or the Board). On February 21, 2023, the Board returned to its pre-Trump administration...more

Benesch

NLRB Bars Confidentiality and Non-Disparagement Provisions in Severance Agreements

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In a ruling on February 21st, the National Labor Relations (NLRB or “Board”) revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to not disparage the company as part...more

Holland & Knight LLP

NLRB Restricts Use of Severance Agreements with Broad Confidentiality/Non-Disparagement Clauses

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The National Labor Relations Board (NLRB or the Board) on Feb. 21, 2023, issued a decision (McLaren Macomb, 372 NLRB No. 58) that significantly restricts an employer's right to present employees with or enforce severance and...more

Ervin Cohen & Jessup LLP

NLRB Declares Confidentiality and Non-Disparagement Provisions in Severance Agreements Unlawful

Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements....more

Williams Mullen

Tales from the NLRB: When Terminating an Employee, Confidentiality and Non-Disparagement Provisions Are ULPs

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The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more

BCLP

NLRB Resumes Attack on Confidentiality and Nondisparagement Provisions

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This week, the National Labor Relations Board overturned Trump-era precedent and returned to its previous hostility to confidentiality and nondisparagement provisions in agreements with employees. In McLaren Macomb, 372 NLRB...more

Parker Poe Adams & Bernstein LLP

NLRB Reinstates Prior Position Regarding Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more

Genova Burns LLC

NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-Hairs

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On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This...more

Lathrop GPM

NLRB Finds Confidentiality and Non-disparagement Provisions in Separation Agreement to be Unlawful...Are Handbook Policies Next?

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A National Labor Relations Board (the Board) decision issued this week served notice on employers that they need to carefully consider the use of confidentiality and non-disparagement provisions in any employment-related...more

BakerHostetler

Severing from Precedent: NLRB Restricts Employers' Ability to Include Standard Confidentiality and Non-Disparagement Provisions in...

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On February 21, the National Labor Relations Board (“NLRB” or “Board”), as anticipated, issued a decision in McLaren Macomb that reversed several Trump-era rulings that generally had allowed employers to proffer severance...more

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

NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees

Employers routinely include terms in severance agreements: (1) requiring the fact and contents of the agreement, including the amount of severance, be kept confidential by the signing employee; and (2) prohibiting the signing...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

Polsinelli

Protected Activity or Terminable Misconduct? — Government Contractor Update

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It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Jackson Lewis P.C.

Top Five Labor Law Developments For September 2017

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An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

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