News & Analysis as of

Non-Disparagement Provisions Breach of Contract

Morris James LLP

Superior Court Finds Defamatory Letter to Lender Breached Separation Agreement But Proposed Damages Were Largely Speculative

Morris James LLP on

Feenix Payment Sys., LLC v. Blum, C.A. No. N21C-05-099 EMD CCLD (Del. Super. May 29, 2024) - Plaintiffs were various corporate entities and Keith Lee, their founder and chief executive (collectively, “Feenix”). Defendant...more

Kohrman Jackson & Krantz LLP

An Influencer’s Guide to Contracts: Key Terms you Can’t Ignore

The digital age has rocketed content creators to the forefront of entrepreneurship. Content creators often do more than create content; they build lucrative online presences that serve as platforms for diverse businesses...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...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

Maynard Nexsen

The Apprentice and The President’s NDA: Lessons for Protecting Confidentiality

Maynard Nexsen on

A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more

McDermott Will & Emery

For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

Womble Bond Dickinson on

In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

Jaburg Wilk

What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

Jaburg Wilk on

You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph...more

9 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide