News & Analysis as of

Settlement Agreements State and Local Government

Quarles & Brady LLP

Accessing Opioid Settlement Funds

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While federal funding for addiction treatment programs and research is being cut, more than $50 billion is being distributed to state and local programs from opioid-related lawsuits. There is great debate on the use of these...more

Perkins Coie

Arizona Federal Court Scrutinizes Reversionary Clauses in FLSA Class Action Settlements

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The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more

Harris Beach Murtha PLLC

NY Department of Health Signals Costly Fines for Ignoring Staffing Issues

A COVID-era law targeting understaffing at health care facilities has seen its first significant settlement, serving as a signal to other New York facilities to address staffing issues in a timely manner or face fines....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Withdrawals/Duck River: Southern Environmental Law Center and Tennessee Department of Environment and Conservation Enter...

The Southern Environmental Law Center (“SELC”) on behalf of the Tennessee Wildlife Federation entered into multiple Settlement Agreements (“Agreements”) with the Tennessee Department of Environment and Conservation (“TDEC”)...more

Snell & Wilmer

Nebraska Tribe Asks Supreme Court to Undo Tobacco Sales Ruling

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A Nebraska tribe’s tobacco businesses are asking the U.S. Supreme Court to overturn the Eighth Circuit Court of Appeals’ ruling in HCI Distribution Inc., et al. v. Michael T. Hilgers, et al. This decision concluded that the...more

Foley Hoag LLP - State AG Insights

State Attorneys General Take Actions on Ghost Guns

While State Attorneys General are limited to enforcing laws within their respective states, their enforcement activities often implicate businesses located elsewhere but whose business activity crosses state lines. One area...more

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

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On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

Carlton Fields

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No...

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In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised...more

Troutman Pepper Locke

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

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Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Cozen O'Connor

State AG Pulse | AGs to Forever Chemicals Cos: We Want More Money and We Want It Now

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Launching off season 3 of State AG Pulse, Stephen Cobb and Emily Yu go behind the headlines on a multi-district litigation related to PFAS or “forever chemicals” playing out in district court. Despite a proposed settlement in...more

Emmet, Marvin & Martin LLP

Confessions of Judgment: Practices in New York, Pennsylvania, and Ohio

New York attorneys representing commercial lenders often find use for the confession of judgment. This unique tool enables creditors to obtain a monetary judgment against debtors by filing a previously executed affidavit,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2023

In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s regulations to become...more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

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Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

Schwabe, Williamson & Wyatt PC

‘Silenced No More Act’ comes with Important Effects on Employment Agreements in Washington State

“Another game changer!” — Your takeaway from reading this summary of Washington’s Engrossed Substitute House Bill 1795, commonly known as the “Silenced No More Act,” which becomes law June 9, 2022, and has some important...more

Bradley Arant Boult Cummings LLP

Legislators Continue to Crack Down on Confidentiality

Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements...more

Perkins Coie

New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement Agreements

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Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Fox Rothschild LLP

California Settlement Agreement Templates Will Need a Refresh for January 1, 2022

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Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022). The law...more

Perkins Coie

California Passes New Law Addressing Settlement Agreements and Nondisclosure Agreements

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California Governor Gavin Newsom recently signed into law California Senate Bill 331 (SB‑331) titled the “Silenced No More Act.” SB‑331 expands two of California’s existing laws regarding employee settlement agreements and...more

Miles & Stockbridge P.C.

Will You Need a License to Hold MSRs in Maryland?

The question of whether a state mortgage finance licensing obligation arises to acquire and hold mortgage loans or mortgage loan servicing rights has often generated confusion and raised questions among mortgage finance...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Facility Owner Enter into Settlement...

The Tennessee Department of Environment and Conservation (“TDEC”) and Lauren and Hope Property, Inc. (“LHPI”) entered into a January 4th Settlement Agreement and Order (“Agreement”) addressing alleged violations of Tennessee...more

Sheppard Mullin Richter & Hampton LLP

New York and Others Settle with CafePress Over 2019 Data Breach

The operator of CafePress, an online retailer that sells customizable mugs and other products, has reached an agreement with New York State Attorney General Letitia James and six other State Attorneys Generals to settle...more

Williams Mullen

DOJ Defers to States for CWA Enforcement

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The threat of EPA administrative action often drives industry to consider quick, administrative settlements with state or local environmental agencies for even the slightest environmental violations. Unless the Biden...more

Perkins Coie

Industry Insights: Key Takeaways from Northern District of California’s Class Action Symposium

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On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with...more

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