Time to Rethink and Retool: Innovative Strategies for Crafting State-of-the Art Settlement AgreementsPDF
Akya Rice participated on a panel at the American Bar Association's Section of Labor and Employment Law annual conference. Rice spoke about strategies for settlement agreements.
Many state laws recently have been proposed or enacted that impact the terms of settlement agreements in EEO cases. The banned use of confidentiality clauses and no rehire provisions are just some examples of changes that will require changes in advice and strategy. Now is the time for practitioners to dust off their form templates and ensure their settlement agreements truly protect their client’s best interests. This panel first reviewed recent legal developments impacting the enforceability of settlement agreement provisions in jurisdictions across the country. Rice and her fellow panelists then shared perspectives on “lessons learned” and useful tips in drafting creative, mutually acceptable and enforceable settlement agreements, as well as the advice clients should receive when weighing options (and attendant risks) as the agreements are being negotiated and finalized.