News & Analysis as of

Confidentiality Agreements Contract Terms Employment Litigation

Ervin Cohen & Jessup LLP

Contemporaneous Onboarding Documents May Invalidate An Employer’s “Squeaky Clean” Arbitration Agreement

Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...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

Seyfarth Shaw LLP

New York Employers Beware: Claimant Must Sign Confidentiality Preference Acknowledgement for Employer to Enforce Entire Settlement...

Seyfarth Shaw LLP on

On January 8, 2025, a New York federal court held that an employee’s refusal to sign a confidentiality and non-disparagement acknowledgement form that was part of a settlement agreement rendered the entire settlement...more

BakerHostetler

Sixth Circuit Bypasses NLRB’s McLaren Macomb Confidentiality and Non-Disparagement Provisions Holding, Fostering Uncertainty About...

BakerHostetler on

On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more

Sands Anderson PC

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

Sands Anderson PC on

Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of...more

Stoel Rives - World of Employment

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee...

The General Counsel of the National Labor Relations Board (NLRB), Jennifer A. Abruzzo, issued guidance on March 22, 2023, about the NLRB’s McLaren Macomb, 372 NLRB No. 58, decision from February 21, 2023, which reinstated a...more

Adler Pollock & Sheehan P.C.

The End Of An Era, Separation Agreements In The Wake Of Mclaren Macomb: What Employers Need To Know

The National Labor Relations Board’s (the “Board”) decision in McLaren Macomb, significantly changes what employers are allowed to include in a departing employees’ severance/separation agreements or packages.  The Board’s...more

Dentons

Severance Agreements – Federal Implications

Dentons on

In the last article, we covered an Iowa Court of Appeals case relating to severance/separation agreements and whistleblower claims. Other issues have cropped up regarding severance agreements and their enforceability but on...more

Butler Snow LLP

A Severance Agreement Can No Longer Silence Out-Going Employees

Butler Snow LLP on

For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect the employer on two...more

Akerman LLP - HR Defense

Employers Beware: The NLRB Limits Severance Agreements

The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more

Pullman & Comley - Labor, Employment and...

The NLRB Issues a Decision Impacting Non-disparagement and Confidentiality Provisions in Severance Agreements

The National Labor Relations Board (NLRB) recently indicated that when drafting severance or general release agreements, employers have to rethink how they use standard non-disparagement and confidentiality clauses. On...more

Bodman

NLRB Narrows Permissible Terms in Severance Agreements

Bodman on

The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren...more

Fenwick & West LLP

NLRB Holds that Severance Agreement with Broad Confidentiality and Non-Disparagement Covenants Violates the NLRA

Fenwick & West LLP on

On February 21, 2023, the National Labor Relations Board (NLRB) held that including broad confidentiality and non-disparagement clauses in severance agreements violates the National Labor Relations Act (NLRA)...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Littler

Unfair Competition: What Happened in 2018, and What's in Store for 2019

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From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more

Seyfarth Shaw LLP

Provisions Limiting Relief and Requiring Strict Confidentiality Doom Arbitration Agreement

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal has invalidated an arbitration agreement between a law firm and its “partner” because the agreement restricted the scope of arbitral relief available and made pre-arbitration proceedings...more

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

Massachusetts Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants

With Massachusetts’s comprehensive noncompete law taking effect on October 1, 2018, many employers are reviewing and likely revising their restrictive covenants to ensure that they are compliant with the new law. In...more

Akerman LLP - HR Defense

Conditioning Severance on Post Employment Obligations: Tricky Business

Employers often want to be sure that departing employees won’t disclose confidential business information or make disparaging remarks about the company, and therefore include such obligations in severance agreements. But...more

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