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Program Details
2026-09-18 14:30:00
Over 1,000+ webinars
Course Overview
2026-09-18 14:30:00
2h CLE Credits
Intermediate
2
This session surveys the NLRB’s live enforcement record on severance agreement confidentiality and non-disparagement provisions from 2025 through mid-2026, tracing the impact of the Board’s quorum loss and recovery, the rescission of GC 23-05, and the continued application of McLaren Macomb by ALJs and the full Board. Attorneys will learn what the three 2026 decisions — Valley Radiology, Prime Communications, and Detrex Corporation — establish about current enforcement risk, what the Prime Communications concurrence signals about imminent doctrinal change, and how rising regional dismissal rates have reshaped the practical prosecution landscape. Attendees will leave able to assess a client’s current exposure under existing precedent and anticipate the conditions under which that precedent could be overruled.
This session provides a clause-by-clause drafting framework for severance confidentiality and non-disparagement provisions that remain defensible regardless of whether the NLRB overrules McLaren Macomb, adopts the GC’s explicit-waiver test, or reinstates the Baylor/IGT standard. Attorneys will examine the specific language that has drawn ALJ findings through 2026, learn what savings clauses can and cannot cure, and identify how cooperation/nondisclosure provisions and bifurcated templates for supervisory employees fit into a compliant drafting strategy. Attendees leave with a working standard for each provision type and a monitoring checklist tied to the Valley Radiology proceeding and Board composition developments through mid-2026.
Laner Muchin
Laner Muchin
Laner Muchin
Peter J. Gillespie is a partner in Laner Muchin’s Chicago office, where his counseling and transactional work centers on employment agreements and his litigation practice on employment contract disputes. He defends employers in claims and investigations brought by the EEOC, OSHA, and the U.S. Department of Labor, and litigates breach of executive employment contract cases, non-compete and trade secrets matters, and occupational safety proceedings. His practice also covers class action wage and hour disputes, discrimination, retaliation and harassment claims, and ERISA, disability, and leave-law matters. He conducts wage and hour compliance audits and workplace investigations, and trains executives and managers on documentation practices, hiring, leave, discrimination, social media, and workplace safety.
Laner Muchin
William G. Wake is a partner in Laner Muchin’s Chicago office whose management-side labor and employment practice encompasses collective bargaining, day-to-day labor relations counseling, and defense of employers before administrative agencies such as the National Labor Relations Board. He also defends class action wage and hour matters and employment discrimination, harassment and retaliation cases, conducts corporate investigations into harassment, retaliation and discrimination, and counsels employers in the temporary staffing, logistics, manufacturing, and educational sectors.
Laner Muchin
Peter J. Gillespie is a partner in Laner Muchin’s Chicago office, where his counseling and transactional work centers on employment agreements and his litigation practice on employment contract disputes. He defends employers in claims and investigations brought by the EEOC, OSHA, and the U.S. Department of Labor, and litigates breach of executive employment contract cases, non-compete and trade secrets matters, and occupational safety proceedings. His practice also covers class action wage and hour disputes, discrimination, retaliation and harassment claims, and ERISA, disability, and leave-law matters. He conducts wage and hour compliance audits and workplace investigations, and trains executives and managers on documentation practices, hiring, leave, discrimination, social media, and workplace safety.
Laner Muchin
William G. Wake is a partner in Laner Muchin’s Chicago office whose management-side labor and employment practice encompasses collective bargaining, day-to-day labor relations counseling, and defense of employers before administrative agencies such as the National Labor Relations Board. He also defends class action wage and hour matters and employment discrimination, harassment and retaliation cases, conducts corporate investigations into harassment, retaliation and discrimination, and counsels employers in the temporary staffing, logistics, manufacturing, and educational sectors.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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