News & Analysis as of

Non-Disparagement Provisions Appeals

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Mintz - Employment Viewpoints

Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions

The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.  The D.C. Circuit Court of...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Court of Appeals for the DC Circuit Allows Claims Based on Association CEO’s Comments About Employee Departure

A recent DC Circuit decision contains cautionary lessons for drafting severance agreements and opens the door to personal liability for negative characterizations of the reasons for employee departures. A mutual...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit and California Court of Appeals Rule on Freedom of Religion Rights

Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application of freedom of religion rights...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Upholds EEOC's Authority to Sue in Relation to Non-Disparagement Provision

When an employer provides an employee with a release and settlement agreement, the document regularly includes provisions that prohibit the employee from criticizing the employer and related parties. Several years ago, the...more

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