News & Analysis as of

Separation Agreement

Cozen O'Connor

Caution, Your Family Arrangement May Not Hold Up in Court

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While marriage and cohabitation agreements are great financial planning tools increasingly used by parties wishing to tailor their obligations and responsibilities following separation, the recent case of Bradley v. Callahan,...more

Fisher Phillips

Massachusetts Employers Facing a Wave of Lie Detector Litigation: Why You Need to Review Your Applications to Ensure Compliance

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In recent months, Massachusetts employers have seen a flurry of lie detector-related litigation – all because unsuspecting employers failed to include a necessary disclaimer in their applications. A relatively obscure state...more

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

Troutman Pepper Locke

New York Senate Passes First-in-the-Nation Bill Requiring Mandatory Review and Revocation Period for All Severance Agreements

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Under current law, New York employers are statutorily required to provide a 21-day review and seven-day revocation periods in employment separation agreements in two scenarios: (1) if the employee is 40 or older and the...more

Ward and Smith, P.A.

Preparing for your Post-Separation Support and Alimony Case in North Carolina

Ward and Smith, P.A. on

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what each of these terms mean and your general eligibility for spousal support. There are two types of...more

Lerch, Early & Brewer

The Post-Divorce Checklist: Check These Boxes!

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For many people, once they resolve their divorce, they are so ready to be done, they put off or forget to wrap up the final loose ends. This can be a costly mistake because many post-divorce action items need to be...more

Jackson Lewis P.C.

Detail Matters: Recent Court Decision Finds Insufficient Information Limits Employer Reliance on WARN Exceptions

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A federal bankruptcy court held that an employer cannot rely on the “unforeseeable business circumstances” or “faltering company” exceptions to the federal Worker Adjustment Retraining Notification (WARN) Act’s 60-day advance...more

Ward and Smith, P.A.

Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan

Ward and Smith, P.A. on

Marital estate rights create the potential for catastrophic consequences should a spouse pass away at a time when the parties are physically separated but have not yet signed a separation agreement or been granted a divorce....more

Bowditch & Dewey

Why Shannen Doherty's Divorce Made Headlines: Understanding Separation Agreements and Their Legal Impact Upon Death

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You may be surprised to learn that over 90% of divorce cases settle out of court, so why did the separation agreement (an agreement signed by divorcing parties) between Shannen Doherty and Kurt Iswarienko recently receive so...more

Cozen O'Connor

NLRB General Counsel Issues Memorandum Arguing Noncompetes are Illegal

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In May 2023, National Labor Relations Board’s General Counsel Jennifer Abruzzo issued Memorandum GC 23-08, taking the position that noncompete provisions violate the National Labor Relations Act (NLRA) except in limited...more

Payne & Fears

NLRB GC Targets Non-Compete & “Stay-or-Pay” Provisions

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On Oct. 7, 2024, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum aimed squarely at non-compete and “stay-or-pay” provisions, and how she plans to address them under the...more

Bradley Arant Boult Cummings LLP

Whistleblower Language in Separation Agreements Results in Large Settlements with SEC

On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies relating to their use of separation agreements that the SEC says violate whistleblower protection rules by...more

Cozen O'Connor

Reconciling Spouses and Retroactive Child Support

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How are child support obligations affected when formerly married couples reconcile numerous times? When do children of the marriage become independent? In a recent case heard by the Supreme Court of British Columbia, the...more

Fenwick & West LLP

SEC Settles Seven Whistleblower Protection Actions

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On September 9, the SEC settled charges against seven public companies for violations of the whistleblower protection rule. According to the SEC’s orders, among other things, these companies violated Rule 21F-17(a) by...more

Kohrman Jackson & Krantz LLP

Child Support in Ohio: What Are the Special Circumstances Which May Impact the Child Support Calculation? Part 3

What is Child Support, and How Much Can I Expect to Pay or Receive? One of the most common questions posed by parents of minor children who are separated – or who are about to separate – is: what is child support and how...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Dorsey & Whitney LLP

Companies Subject to U.S. Jurisdiction Should not Restrict Personnel from Being SEC Whistleblowers, or Receiving SEC Whistleblower...

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SEC rules prohibit taking “any action” to impede an individual from communicating directly with the SEC about a possible securities law violation, including by enforcing, or threatening to enforce, a confidentiality...more

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

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The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

BCLP

SEC Again Cracks Down on Companies That Restrict Whistleblowers

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As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule.  On September 9, 2024, the SEC announced settled charges resulting...more

Proskauer - Whistleblower Defense

SEC Announces Slew of Enforcement Actions Regarding Whistleblower Protection Rule

The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the...more

Cooley LLP

SEC (Still) Conducting Whistleblower Impediment Sweeps

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Yesterday, the SEC announced it had charged seven companies with violating ’34 Act Rule 21F-17(a) by using employment and separation agreements to impede potential whistleblowers from reporting misconduct to the SEC....more

Wiley Rein LLP

SEC Is Looking at Your Vendor Contracts for Whistleblower Restraints – Fines Seven More Companies

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The U.S. Securities and Exchange Commission (SEC) recently settled charges against seven companies for violating SEC Rule 21F-17(a), which prohibits conduct that hinders whistleblowing to the SEC. The settlements focus on...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

McManis Faulkner

California Considering Bill to Allow Joint Petitions for Dissolution

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Divorces can be highly charged and emotionally challenging. California’s legislature is considering a bill that will further streamline the process for many divorces. Currently, the dissolution and legal separation...more

Jackson Lewis P.C.

Pennsylvania Bans Most Non-Compete Agreements for Healthcare Practitioners

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Pennsylvania Governor Josh Shapiro has signed the “Fair Contracting for Health Care Practitioners Act” (House Bill 1633), which restricts the ability of employers and healthcare practitioners to enter into non-compete...more

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