News & Analysis as of

Separation Agreement

Payne & Fears

NLRB GC Targets Non-Compete & “Stay-or-Pay” Provisions

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On Oct. 7, 2024, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum aimed squarely at non-compete and “stay-or-pay” provisions, and how she plans to address them under the...more

Bradley Arant Boult Cummings LLP

Whistleblower Language in Separation Agreements Results in Large Settlements with SEC

On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies relating to their use of separation agreements that the SEC says violate whistleblower protection rules by...more

Cozen O'Connor

Reconciling Spouses and Retroactive Child Support

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How are child support obligations affected when formerly married couples reconcile numerous times? When do children of the marriage become independent? In a recent case heard by the Supreme Court of British Columbia, the...more

Fenwick & West LLP

SEC Settles Seven Whistleblower Protection Actions

Fenwick & West LLP on

On September 9, the SEC settled charges against seven public companies for violations of the whistleblower protection rule. According to the SEC’s orders, among other things, these companies violated Rule 21F-17(a) by...more

Kohrman Jackson & Krantz LLP

Child Support in Ohio: What Are the Special Circumstances Which May Impact the Child Support Calculation? Part 3

What is Child Support, and How Much Can I Expect to Pay or Receive? One of the most common questions posed by parents of minor children who are separated – or who are about to separate – is: what is child support and how...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Dorsey & Whitney LLP

Companies Subject to U.S. Jurisdiction Should not Restrict Personnel from Being SEC Whistleblowers, or Receiving SEC Whistleblower...

Dorsey & Whitney LLP on

SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

Ballard Spahr LLP on

The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

BCLP

SEC Again Cracks Down on Companies That Restrict Whistleblowers

BCLP on

As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule.  On September 9, 2024, the SEC announced settled charges resulting...more

Proskauer - Whistleblower Defense

SEC Announces Slew of Enforcement Actions Regarding Whistleblower Protection Rule

The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the...more

Cooley LLP

SEC (Still) Conducting Whistleblower Impediment Sweeps

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Yesterday, the SEC announced it had charged seven companies with violating ’34 Act Rule 21F-17(a) by using employment and separation agreements to impede potential whistleblowers from reporting misconduct to the SEC....more

Wiley Rein LLP

SEC Is Looking at Your Vendor Contracts for Whistleblower Restraints – Fines Seven More Companies

Wiley Rein LLP on

The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

McManis Faulkner

California Considering Bill to Allow Joint Petitions for Dissolution

McManis Faulkner on

Divorces can be highly charged and emotionally challenging. California’s legislature is considering a bill that will further streamline the process for many divorces. Currently, the dissolution and legal separation...more

Jackson Lewis P.C.

Pennsylvania Bans Most Non-Compete Agreements for Healthcare Practitioners

Jackson Lewis P.C. on

Pennsylvania Governor Josh Shapiro has signed the “Fair Contracting for Health Care Practitioners Act” (House Bill 1633), which restricts the ability of employers and healthcare practitioners to enter into non-compete...more

Houston Harbaugh, P.C.

Pennsylvania significantly Restricts Healthcare Provider Noncompete Agreements

Houston Harbaugh, P.C. on

Noncompete agreements for certain medical providers in Pennsylvania, signed on or after January 1, 2025, will only be permissible in limited circumstances. This is as a result of the newly enacted “Fair Contracting for...more

Ward and Smith, P.A.

Working with Your Family Law Attorney: Practical Tips for Surviving the Stress of Separation and Divorce

Ward and Smith, P.A. on

Multiple studies and respected authors agree – divorce is one of the most stressful life events any person can experience.  After 34 years of practice in the family law field, I have represented many individuals who have...more

Burns & Levinson LLP

We’re Splitting Up – Who Keeps the Pet?

Burns & Levinson LLP on

Frequent readers of the Divorce Law Monitor may recall a previous post “We’re Divorcing – Who Keeps the Pet?” This follow-up post discusses an opinion handed down this month by the Appeals Court, which, while it likely will...more

Ward and Smith, P.A.

Premarital Agreements and the "Voluntary" Signature

Ward and Smith, P.A. on

Premarital agreements offer persons contemplating marriage the ability to plan for the distribution of their assets and liabilities in the event of separation and/or divorce. While the concept of planning for divorce may seem...more

Ward and Smith, P.A.

How to File for Divorce

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Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for...more

Tarter Krinsky & Drogin LLP

New York Legislators Have Been Busy: Employers Beware

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...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

Proskauer - Law and the Workplace

New York State Employers Must Provide Updated Record of Employment to Separating Employees (and Beyond)

New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes...more

Clark Hill PLC

The Importance of Carefully Crafted Non-Disparagement Clauses in Severance and Settlement Agreements

Clark Hill PLC on

When settling a lawsuit or pre-litigation disputes, parties sometimes insist on including non-disparagement clauses in their settlement or severance agreements. Broadly speaking, these clauses prevent one or both parties to...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2023

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2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

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