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Settlement Agreements

Staffing Agency Class Settlement Bars Subsequent Case Against Agency’s Client

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more

Update: New York State Passes Budget, Creates New Sexual Harassment Obligations For Employers

On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the...more

Uber Goes 0-2 in Data Breach Notifications

by Murtha Cullina on

In August, 2017, the Federal Trade Commission (“FTC”) proposed a settlement agreement with Uber stemming from its investigation of a 2014 data breach due to Uber’s “unreasonable security practices”. The lengthy investigation...more

Governor Cuomo Signs 2019 Budget Bill With Significant Provisions Addressing Workplace Sexual Harassment Claims

On April 12, 2018, Governor Andrew Cuomo signed the New York State 2019 Budget Bill (the “Budget”), which contains, among other things, provisions: • Requiring employers to adopt a sexual harassment prevention policy that...more

New Legislation Focused on Preventing Sexual Harassment Included in the 2019 New York State Budget

The unveiling of New York State’s 2019 budget made it clear that the state has maintained its focus on curbing sexual harassment in the workplace. Included in the legislation, which was delivered to the Governor on April 2,...more

New York State Employers Face Significant New Sexual Harassment Laws

by Fisher Phillips on

Employers operating in New York will soon face a raft of new sexual harassment laws. The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew...more

Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law

On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding...more

WHD Opinion Letter Finally Resolves Question Surrounding Lump-Sum Payments and Garnishments

Most employers receive a garnishment from time to time, and some employers receive a lot of them. It is the employer’s legal obligation to administer garnishments exactly, and liability arises for the employer for...more

Material Breach Releases Obligation To Third Party Beneficiaries

by Allen Matkins on

On April 12, 2018, the Nevada Supreme Court held that one party's material breach of a contract releases the non-breaching party's contractual obligation to a third-party beneficiary. Cain v. Price, 134 Nev. Adv. Op. 26...more

Medicare Secondary Payer Act Alert

by Wilson Elser on

The recent decision in Mayo v. NYU Langone Med. Ctr., 2018 NY Slip Op. (U) 30456 (N.Y. Sup. Ct. March, 13, 2018), voiding a settlement on grounds of mutual mistake, holds important lessons for those seeking to resolve a claim...more

#MeToo Movement Creates Change in Tax Code

During the height of the #MeToo movement and in the wake of the Harvey Weinstein scandal, Congress enacted a sweeping tax reform bill containing a provision intended to penalize businesses who settle claims involving sexual...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Foreign Corrupt Practices Act Requires More Than a Policy

by Dorsey & Whitney LLP on

The recent settlement agreement between Kinross Gold Company and the Securities and Exchange Commission is a reminder to Canadian cross-listed companies that it is not enough to adopt a parent-company level anti-corruption...more

Connecticut Considers Requiring Legislative Approval of Agency Settlement Payments and Nondisclosure Agreements

by Murtha Cullina on

Weeks before the uproar over revelations that U.S. Rep. Elizabeth Esty paid her chief of staff a $5,000 severance package and signed a non-disclosure agreement concerning sexual harassment allegations made against him, the...more

IRS Issues Transitional Guidance Regarding the New "Restitution" Tax Deduction That Affects False Claimes Act and Other Government...

by Foley & Lardner LLP on

Effective immediately, a settlement agreement or a judgment with the government must set forth the specific amount of restitution, remediation of property, or monies paid to come into compliance with any law violated, for...more

OTA & Travel Distribution Update - Brazilian antitrust authorities adopt narrow approach to rate parity; Group segment moves to...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending March 30, 2018 is below. This week’s Update features a heavy dose of OTA updates....more

Bill Banning Confidential Settlements and Mandatory Arbitration for Sexual Harassment Claims Passes New York Senate

On March 12, 2018, the New York State Senate passed S-7848A, a bill that, if enacted, would significantly change the legislative landscape for sexual harassment claims in the state. Most notably, S-7848A would: (i) prohibit...more

Party to a suit or agreement with respect to actual or potential violations of law?—Take notice: IRS issues transitional reporting...

On March 27, 2018, the Internal Revenue Service (IRS) issued Notice 2018-23 (the Notice), providing transitional guidance for parties to suits and agreements covered by sections 162(f) and 6050X of the Internal Revenue Code...more

Settlement of Claims

by Reed Smith on

The Court of Appeal case Khanty-Mansiysk Recoveries Limited v Forsters LLP [2018] EWCA Civ 89 considers the ambit of settlement agreement wording and the extent to which this can cover future claims. Background facts...more

Should Employers Change NDAs to Exclude Sexual Harassment Complaints?

Last month, Washington became the first state to adopt a law that prohibits enforcement of confidential information agreements (or NDAs) that prohibit employees from discussing or disclosing sexual harassment issues. The new...more

Wage Gap and #MeToo Movement Legislation: Impact on Washington Employers

Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more

Cyber Breach-Related Shareholder Suit Against Yahoo Settles for $80 Million. Is this the Start of a Trend?

It was inevitable. Heretofore, a majority of public companies that experienced a cyber breach, followed by a shareholder suit alleging either a violation of Section 10(b) of the Securities Exchange Act of 1934 or a breach of...more

#MeToo Comes to Washington State

In response to the #MeToo movement, lawmakers in several states are introducing bills aimed at curbing workplace sexual harassment and addressing how complaints and resolutions are handled by employers. Washington is no...more

High Asset Divorce And The Collaborative Process

by Stange Law Firm, PC on

For many parties going through a divorce, they might have lots of assets. From a marital home, vacation homes, investment accounts, retirement accounts and other lucrative assets, those going through a divorce with a high net...more

Washington Bars Sexual Harassment Nondisclosure Agreements

by Fisher Phillips on

In the wake of the Harvey Weinstein scandal and the #MeToo movement, Washington employers will soon need to comply with two new laws aimed at preventing sexual harassment and assault in the workplace while encouraging open...more

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