News & Analysis as of

Confidentiality Agreements › Settlement › Non-Disparagement Provisions

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

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

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

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

Offit Kurman

Five Things to Take into Consideration When Negotiating and Settling a Case

Offit Kurman on

Settling a case is hard. Negotiating the terms and coming to an agreement can take weeks or months. But once the parties agree to the general terms of a settlement (e.g., the amount of money changing hands and the timing of...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

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

Proskauer - Law and the Workplace on

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Davis Wright Tremaine LLP on

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more

Fox Rothschild LLP

Be Careful When Submitting FLSA Settlement Documents To The Court: Confidentiality And General Release Clauses Are Taboo!

Fox Rothschild LLP on

I have settled numerous FLSA cases and note that there are many elements that management-side lawyers always want to see in such a document. One is a confidentiality provision as we do not want the employee “shooting his...more

Franczek P.C.

The NLRB’s New Target: FLSA Settlement Agreements

Franczek P.C. on

The National Labor Relations Board (“NLRB” or the “Board”) has once again weighed in on employer use of confidentiality and non-disparagement language, this time in the settlement arena. Recently, the NLRB withheld its...more

Constangy, Brooks, Smith & Prophete, LLP

Is It “Disparaging” To Say “Karma Is A Bi**H”?

Constangy, Brooks, Smith & Prophete, LLP on

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement....more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide