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Contract Terms Employer Liability Issues

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...more

Orrick, Herrington & Sutcliffe LLP

German Court Rejects Protection for Employer Despite Data Theft: Why Precision in Contract Language Matters for Protecting Trade...

An employee disclosed trade secrets, yet the employer’s request for injunctive relief was denied because the confidentiality clause in the employment contract was invalid. The German Federal Labor Court (BAG) held that the...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Eliminating Jury Trials

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This sixth installment of our series discusses the elimination of jury trials by way of employment arbitration agreements. In today’s complex legal landscape, employers are increasingly turning to arbitration agreements as a...more

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

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The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

McGlinchey Stafford

Florida CHOICE Act Expands Enforceability of Non-Compete and Garden Leave Agreements

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On July 1, 2025, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, ushering in substantial changes to the state’s non-compete law under Florida Statute §...more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

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In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Bradley Arant Boult Cummings LLP

Executive Contracts: What’s Common and What to Look For

For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more

Lathrop GPM

Liability Considerations for Developers and Users of Agentic AI Systems

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What Are Agentic AI Systems? Agentic AI systems are artificial intelligence technologies that: ..Operate autonomously, ..Adapt to changing environments, and ..Execute multi-step tasks based on user input or...more

Ervin Cohen & Jessup LLP

Surprise! Misleading Statements and Time Pressure May Render an Employer’s Arbitration Agreement Unenforceable

Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

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Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Hall Benefits Law

PBM Contracts Could Expose Plan Sponsors to Fiduciary Liability

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A plan sponsor’s fiduciary duty to be transparent in Pharmacy Benefit Manager contracts safeguards plan participants’ interests and mitigates the risk of litigation, regulatory penalties, and reputational harm, say Hall...more

Holland & Knight LLP

Responsabilidades para la cotización de aportes al Sistema de Seguridad Social en Colombia

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El artículo 21 de la Ley 2381 de 2024, inicialmente estableció que el contratante respondería por la cotización de aportes al Sistema General de Pensiones de sus contratistas en Colombia. No obstante, el Decreto 514 de 2025...more

Amundsen Davis LLC

Actual vs. Apparent Authority: Limiting Business Liability From Unauthorized Employee Actions

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As a business grows and adds new members to the team, it can be difficult to identify what role each person plays and their level of authority. While some have the ability to make important decisions on behalf of the...more

Ius Laboris

Electronic Travel Authorisation

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The UK’s Electronic Travel Authorisation (ETA) scheme contains mandatory refusal grounds triggered by criminal convictions and other factors. Refusal can have significant implications for both applicants and organisations and...more

Epstein Becker & Green

Time is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims

The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

NJ Expands Wage Law to Cover Commissions – How It Compares to PA

The New Jersey Supreme Court recently ruled that commissions are considered “wages” under New Jersey’s Wage Payment Law (“NJWPL”). This decision—which allows employees whose commissions are not timely paid to recover 200% of...more

Williams Mullen

New Amendment Further Restricts Non-Competes in Virginia

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Beginning on July 1, 2025, Virginia’s existing non-compete statute, Va. Code § 40.1-28.7:8, will be expanded to prohibit post-employment non-compete agreements and certain non-solicitation covenants with any non-exempt...more

Jenner & Block

Delaware Supreme Court Reaffirms Reluctance to Blue-Pencil Overbroad Restrictive Covenants in Sunder v. Jackson

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The Delaware Supreme Court’s decision in Sunder Energy, LLV v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (December 10, 2024) reaffirmed the courts’ limited willingness to modify or “blue-pencil” overbroad restrictive...more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

Ward and Smith, P.A.

Understanding Liability Waivers for Equine Activities in North Carolina

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In North Carolina, as in many states, liability waivers are often used to protect equine activity sponsors, such as individuals, groups, clubs, partnerships, or corporations from legal claims arising from injuries sustained...more

Haynsworth Sinkler Boyd, P.A.

Beyond Silence: South Carolina Supreme Court Ruling Clarifies Acceptance in Employment Arbitration Agreements

In Lampo v. Amedisys Holding, LLC and Leisa Victoria Neasbitt, the South Carolina Supreme Court establishes important legal precedent regarding contract formation for arbitration agreements between employers and employees....more

Holland & Hart - Employers' Lawyers

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Brad Cave by Brad Cave Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law.  While the new law leaves Wyoming businesses with a few options to...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature’s Proposed Amendments Would Impact Employment Agreements

Two bills recently introduced in New York’s legislature could have a major impact on New York employers seeking to enter into employment-related agreements with employees. Invalidating “Unconscionable” Contract Terms - ...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

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In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Fox Rothschild LLP

IFA Takeaways: How Smart Franchisors Stay Out of Court

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The International Franchise Association’s Annual Convention is always filled with useful take home information for franchise practitioners. Last week, I attended the session “Proactive Strategies for Franchisors to Prevent...more

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