As increasing numbers of women come forward to speak out about sexual harassment and discrimination in the workplace, many news commentators have called for an end to confidential discrimination settlements. The intentions behind this call are honorable and righteous, but the reality may be more complicated. Confidential settlements offer benefits for victims. Not every victim wants her name in light.…
When presenting an employee with a severance agreement, employers typically insist on very broad releases, waiving any claims the employee may bring against the company. Many employers interpret this broad release language to include whistleblower lawsuits under the False Claims Act. Some severance agreements will even explicitly bar an employee from recovering financially from a False Claims Act suit. But don’t such…
When a company is investigated and prosecuted for fraud, the Government typically requires the company to enter into a Corporate Integrity Agreement. This Agreement obligates the company to take steps to ensure that it complies with the law in the future and regularly reports the status of its compliance to the Government. If the company violates the law again, the…
Beginning January 1, 2018, employers in California may no longer inquire into prospective employees’ compensation history. The goal of this measure is to reduce the substantial gaps in pay for female and minority employees. On October 12, 2017, Governor Jerry Brown signed AB 168 into law. The Bill adds a new section containing several important protections to the California Labor…
When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam lawsuit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). As a synopsis, the process works like…
Revelations that Harvey Weinstein and Bill O’Reilly entered into serial confidential settlements with women who claimed they were sexually harassed in the workplace have brought a great deal of attention to non-disclosure agreements and confidentiality and non-disparagement clauses in settlement agreements. Indeed, this increased attention has lead lawmakers in certain states to propose changes in the law to address concerns about secrecy,…
Posted November 2nd, 2017. November 1, 2017, U.S. – Sanford Heisler Sharp today announced it has received recognition in three regions in the U.S. News – Best Lawyers® “Best Law Firms” 2018 rankings. was ranked for its Employment Law practice in San Francisco; for its Commercial Litigation practice in San Diego; and for its Commercial Litigation practice in Washington, DC…