The program provides a timely look at the fate of confidentiality provisions in employment settlement agreements given the rise in publicity surrounding recent sexual harassment cases and provides an overview of basic elements of confidentiality provisions in employment agreements and settlement agreements, including the rationale behind them and a discussion of remedies for breach of confidentiality provisions.
The program includes an in-depth discussion of whether employment settlement agreements should be confidential, particularly in sexual harassment cases, as well as a discussion of legal limitations on such provisions, including a proposed ban on secret settlement agreements.
The program concludes with a look at best practices for attorneys drafting confidentiality provisions.
Esra Hudson, Partner, Manatt, Phelps & Phillips, LLP
Cherise Latortue, Associate, Manatt, Phelps & Phillips, LLP
Esra is a partner at Manatt. Her practice focuses on all aspects of employment law and related litigation. She represents companies in state and federal court in claims of discrimination, harassment, wrongful discharge and related tort claims, breach of contract, trade secrets, and unfair competition, and all other employment-related matters. Esra also defends companies against employment-based class actions. She regularly represents employers in proceedings before state and federal agencies, including the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement and the federal Equal Employment Opportunity Commission. Esra's litigation practice also includes extensive experience in alternative dispute resolution, including arbitration and private mediation.
Cherise is an associate in Manatt’s Orange County office and a member of the employment and labor practice group. Her practice focuses on the defense of class action and individual wage and hour claims, discrimination, harassment and wrongful termination actions. She also advises clients on a wide array of employment law issues. Cherise has significant experience representing employers in mediation and litigation on disability, age, race and national origin discrimination matters in state and federal courts, as well as with federal and state government enforcement agencies. She also has substantial experience advising clients on federal OSHA and Cal-OSHA compliance and traditional labor law issues.