Talking and corresponding with your attorney is shielded from discovery by the opposing counsel by the doctrine of attorney client privilege. It is meant to allow and indeed, intended to encourage honest and full disclosure of the legal facts and analysis between client and counsel. But what happens when the...
SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES We have been writing about the risks of using boilerplate provisions in agreements. Non-disparagement clauses and confidentiality clauses in employee severance agreements are included. Why? The federal National Labor Relations Act (“NLRA”) protects employees’...
SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES The National Labor Relations Act (“NLRA”) protects employees' rights to discuss the terms and conditions of their employment, including confidentiality and non-disparagement clauses in settlement agreements. However, most severance agreements contain a confidentiality clause...
Employer Internal Investigations – Are They Confidential? Many employers get a complaint about an employee or some wrongful conduct and immediately launch into an investigation. Even more, when investigating, the employer often confirms to other employees that what the employee or witness says will be kept confidential. But, will it?...
GOOGLE GOT SLAPPED – EMPLOYEE CONFIDENTIALITY AGREEMENTS ARE TOO BROAD AND EQUATE TO AN ILLEGAL NON-COMPETE High tech and entertainment companies in California are known for requiring that employees sign broad non-disclosure agreements or confidentiality agreements (“NDAs”). A California judge ruled last week that the Google’s NDAs are too broad...