News & Analysis as of

Settlement Agreements Non-Disparagement Provisions

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

Mandelbaum Barrett PC on

In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Goldberg Segalla

New Jersey Supreme Court Holds that Broad Non-Disparagement Clauses No Longer Permitted

Goldberg Segalla on

Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers....more

Saiber LLC

New Jersey Supreme Court Holds That Non-Disparagement Provisions Seeking to Preclude Discussion About Claims of Discrimination,...

Saiber LLC on

In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more

Lowenstein Sandler LLP

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against...

Lowenstein Sandler LLP on

On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in...more

Fox Rothschild LLP

Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

Fox Rothschild LLP on

In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

BakerHostetler on

Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more

Clark Hill PLC

The Importance of Carefully Crafted Non-Disparagement Clauses in Severance and Settlement Agreements

Clark Hill PLC on

When settling a lawsuit or pre-litigation disputes, parties sometimes insist on including non-disparagement clauses in their settlement or severance agreements. Broadly speaking, these clauses prevent one or both parties to...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

FordHarrison on

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

Paul Hastings LLP on

On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...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

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

K&L Gates LLP

"You Promised Not to Say That!" Non-Disparagement Clauses in Settlement Agreements

K&L Gates LLP on

When a dispute of any kind is resolved, a "non-disparagement" clause is often included in the settlement agreement to prevent parties from adversely commenting publicly about each other in the future. Especially where there...more

Holland & Hart LLP

Shifting Landscape: New Laws Significantly Impact Colorado Employers

Holland & Hart LLP on

During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to...more

Constangy, Brooks, Smith & Prophete, LLP

Your settlement's no good here.

Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....more

Locke Lord LLP

Employees ‘Speak Out!’: How the Speak Out Act Will Affect Employee Non-Disclosure Agreements

Locke Lord LLP on

In early 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Inspired by the #MeToo movement, the law banned compulsory, pre-dispute arbitration clauses in cases...more

Verrill

Nondisclosure Provisions in Maine: Are Your Agreements Compliant?

Verrill on

In late 2022, a new Maine law took effect restricting the use and reach of nondisclosure provisions in Maine employment agreements. The new law, Nondisclosure Agreements in Employment, 26 M.R.S. § 599-C, is one of the most...more

Littler

Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak...

Littler on

Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will...more

Smith Gambrell Russell

“Speak Out Act” is now Law; Pre-Dispute NDAs and Non-Disparagement Agreements Are No Longer Enforceable for Claims Involving...

Smith Gambrell Russell on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act, which was introduced by Senator Kirsten Gillibrand, passed with bipartisan support. The Act is the second law this year designed to address...more

BakerHostetler

Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements

BakerHostetler on

​​​​​​​For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and...more

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

New Jersey Appellate Division Declares Nondisparagement Provisions Valid Under State Law

In a decision that may be useful to employers drafting severance and litigation settlement agreements in New Jersey, a panel of the New Jersey Appellate Division found that provisions requiring parties not to disparage one...more

Foster Garvey PC

Washington’s “Silenced No More Act” Limits Use of Nondisclosure and Nondisparagement Agreements

Foster Garvey PC on

As of June 9, 2022, Washington State’s Silenced No More Act (the “Act”) took effect. The Act affects all employers entering into employment and settlement agreements with Washington employees, limiting the topics that can be...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

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