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Contract Drafting Settlement Agreements

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

New Jersey Appellate Division Declares Nondisparagement Provisions Valid Under State Law

In a decision that may be useful to employers drafting severance and litigation settlement agreements in New Jersey, a panel of the New Jersey Appellate Division found that provisions requiring parties not to disparage one...more

Adler Pollock & Sheehan P.C.

Who Did I Release? A Reminder On Drafting Settlement Agreements With Specificity

The recently settled legal battle between Prince Andrew and Virginia Giuffre has been plastered all over the news. In short, Ms. Giuffre initiated a lawsuit in the United States District Court for the Southern District of New...more

Payne & Fears

Key California Employment Law Cases: February 2020

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Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Payne & Fears

California Court of Appeal Creates Split in Authority Over Scope of Settlement Agreements With Staffing Agencies

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On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more

White & Case LLP

BGC v Tradition: Court of Appeal continues to limit the scope of privilege in relation to settlements

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Following the decision in WH Holding Limited and West Ham United Football Club Limited v E20 Stadium LLP, the Court of Appeal has recently considered the application of litigation privilege (and without prejudice privilege)...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 2: Class Counsel

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In Part 1 of this series, I explained the role of defense counsel in class action settlements. In this Part 2, I will explore the role of class counsel. I embark on this journey with some trepidation, because as a defense...more

Latham & Watkins LLP

English Court of Appeal Rules on Privilege and Settlement Agreements

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The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more

Foley Hoag LLP - White Collar Law &...

Challenge to Attorneys' Fees in False Claims Act Cases

Thanks to inexact language in a settlement agreement, a for-profit hospital chain can challenge whistleblowers’ eligibility for attorneys’ fees under the False Claims Act (“FCA”). The single sentence that spawned nearly 5...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 1: Defense Counsel

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Class action settlements are different from other settlements for several reasons. The most obvious difference is that class action settlements are subject to a unique notice and court approval process. The overriding purpose...more

Foley & Lardner LLP

Two Can Keep a Secret… If the Contract Holds Up: How to Use Non-Disclosure Covenants in the #MeToo Era

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The non-disclosure provision of a routine employment settlement agreement has typically been a common and easily agreed-upon term of resolution.  These provisions—where the employer and employee agree not to publicly discuss...more

Holland & Knight LLP

Running With Scissors: Avoiding Mishaps When Drafting Agreements at the End of Mediation

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• An agreement reached at the conclusion of a mediation session typically represents an abbreviated version of a formal settlement agreement that will be entered into by the parties at a later date. • Occasionally,...more

Allen Matkins

Time To Update Language Found In Most California Settlement Agreements

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When settling claims, California lawyers will typically include a waiver of Civil Code Section 1542. That statute generally provides that a general release does not extend to claims not known or suspected to exist at the...more

Proskauer - Minding Your Business

Consider Whether the Promise of a Bird in the Hand is Better Than Two in the Bush

When drafting settlement agreements, most lawyers give due attention to the scope of any release clause. And for good reason: for defendants, the extent to which the release protects against future litigation is critical, and...more

Burns & Levinson LLP

Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

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It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter...more

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

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

PilieroMazza PLLC

Drafting Valid Damages Provisions in Settlement Agreements

PilieroMazza PLLC on

Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the...more

Brooks Pierce

If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have...

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You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...more

Burns & Levinson LLP

Know What You Are and Are Not Giving Up in a Release

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Because over 95 percent of civil disputes are resolved without a final judgment, parties routinely enter into settlement agreements that include releases. Further, for those disputes that do not spawn formal litigation, it is...more

PilieroMazza PLLC

Tips on Avoiding the Unsettling Results of a Poorly-Drafted Settlement Agreement

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Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’...more

Littler

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

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In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

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