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Contract Terms Settlement Agreements

Cozen O'Connor

NY Settles with Equinox for Allegedly Making Consumers Sweat over Negative Option Plans

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New York AG Letitia James entered into a settlement with Equinox Group, LLC (Equinox Group), which operates fitness services under Equinox, Equinox+, and SoulCycle, resolving allegations that its subscription and cancellation...more

Kelley Drye & Warren LLP

The New York State Legislative Push for Minimum Review Periods in Severance Agreements

Employers are already familiar with the age-related requirements of federal law applicable to an employee’s release of claims if the employee is 40 or older: they have up to 21 days to consider the release, and seven...more

Troutman Pepper Locke

Navigating Roster Limit Challenges: Updates to the House v. NCAA Settlement Agreement

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On May 7, the parties in House v. NCAA submitted supplemental briefs in response to U.S. District Judge Claudia Wilken’s April 23 order requiring both parties to address her concerns over the issue of roster limits. These...more

Eversheds Sutherland (US) LLP

Recent ruling provides guidance on 363 asset sales

On February 12, 2025, the US District Court for the District of Delaware issued a significant ruling in the case of HE, Inc. v. Avadim Holdings Inc. and Relion Holdings LLC. This decision arose from the Chapter 11 bankruptcy...more

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

New York Federal Court Ruling Highlights a Potential Pitfall in Settlement Agreement Enforcement

On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving...more

Bracewell LLP

Forced Enforcement? The Fine Line in the CFTC’s Approach to Market Manipulation

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On 27 August 2024, a Swiss commodity trader entered into a settlement agreement for $48 million with the US Commodity Futures Trading Commission (“CFTC”) in relation to alleged market manipulation charges. This case, rooted...more

Venable LLP

The List of States Regulating Non-Disclosure Provisions Continues to Grow

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From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

Carlton Fields

SEC Penalizes Anti-Whistleblower Provision in Customer Settlement Agreements

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The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more

McGlinchey Stafford

Am I Bound by My Client’s Settlement Agreement? - McGlinchey Commercial Law Bulletin - March 8, 2024

McGlinchey Stafford on

In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

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Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more

Polsinelli

New Year, New Severance and Settlement Agreement Rules for New York

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With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

BakerHostetler

Supreme Court will not review judgment-sharing agreement among defendants in Broiler Chicken Case

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In its Jan. 8 order list, the Supreme Court declined to hear an appeal concerning a “judgment sharing agreement” among major U.S. meat-supplier defendants in the Broiler Chicken antitrust case (In re Broiler Chicken Antitrust...more

Bradley Arant Boult Cummings LLP

Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating...

A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through....more

Freiberger Haber LLP

Third-Party Beneficiaries and Contract Interpretation

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In Stagen v. Neu, 2023 N.Y. Slip Op. 06105 (1st Dept. Nov. 28, 2023), the Appellate Division, First Department addressed an issue of contract interpretation involving a word in a settlement agreement that most readers would...more

Barnea Jaffa Lande & Co.

Delay in Delivery of Apartment – Waiver of Claims Clauses

Under the Sale Law (Apartments), the purchaser of an apartment has a legal right to receive compensation from the contractor or developer in the event of a delay in delivery of the property. This right is a cogent provision,...more

Benesch

The Check’s in the Mail - But, Are We Done Now?

Benesch on

The shipment of goods through various complicated shipment schematics, in conjunction with commercial situations by which transportation and logistics contracting parties have ongoing relationships, often involves a series of...more

BCLP

UK HR Two-Minute Monthly: March 2023

BCLP on

Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

BakerHostetler

Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements

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​​​​​​​For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and...more

Venable LLP

About That First Florida Telephone Solicitation Act Class Action Settlement…

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The plaintiff in Alvarez v. Sunshine Life & Health Advisors LLC - the first Florida Telephone Solicitation Act (FTSA) action to settle on a class basis - filed his motion for preliminary approval of the settlement. And the...more

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

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

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more

Eversheds Sutherland (US) LLP

California anti-secrecy bill seeks to alert public of environmental hazards and defective products

Recent legislation in California may increase legal costs, make settlements more difficult, and risk confidential business information being released to the public. The Public Right to Know Act of 2022 seeks to prohibit...more

Patterson Belknap Webb & Tyler LLP

The First Department Enforces Settlement Agreement, Despite Claims of Economic Duress

The First Department’s recent decision in Zhang Chang v. Phillips Auctioneers LLC seems to have ended the long, turbulent dispute over Gerhard Richter’s 1963 painting of a fighter jet, Düsenjäger. The decision affirmed the...more

Knobbe Martens

Federal Circuit Review - February 2022

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Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement - In Plasmacam, Inc. v. Cncelectronics, LLC Appeal No. 21-1689, the Federal Circuit held that an agreement on...more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

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Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

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