Separation Agreements: Key and Developing Issues (2025 Edition)

William A. Nolan
William A. Nolan | Barnes & Thornburg LLP

Bill Nolan brings attentiveness and clarity to bear on employment, contract, and other disputes and help clients make optimal and cost-effective decisions in difficult situations, and plan strategically to minimize those situations.

On-Demand: December 17, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Separation agreements often are routine transactions, but one size does not fit all. Increasingly so with developments at the state and federal level. This in depth session will take a deep dive on a sample agreement, with a particular focus on specific drafting options, including areas that may be affected by National Labor Relations Board pronouncements in recent years and an increasing number of relevant state laws.

Key topics to be discussed:

  • Employer considerations in offering severance
  • Most common areas of negotiation
  • Handling mutuality of various provisions
  • Special ADEA considerations with group terminations
  • A growing number of state-specific issues
  • NLRB’s focus on confidentiality provisions

Closed-captioning available

Speakers

William A. Nolan_myLawCLEWilliam A. Nolan | Barnes & Thornburg LLP

Bill Nolan is a Labor & Employment partner at Barnes & Thornburg LLP in Columbus, an office he opened in 2009 and guided through steady and thoughtful growth for its first 15 years. He brings attentiveness and clarity to bear on employment, contract, and other disputes and help clients make optimal and cost-effective decisions in difficult situations, and plan strategically to minimize those situations. He is current chair of the Ohio State Bar Association’s Labor & Employment Section and a Chambers and Partners Band 1 ranked labor and employment lawyer, one of five in Ohio.

Some practice areas where Bill has distinctive experience are litigating and advising on noncompete and trade secret disputes across the country; representing employers and executives in a wide range of employment contract issues, including designing restrictive covenant programs for national employers; helping employers effectively and cost-effectively manage employee health issues and the many related legal issues; guiding workplace investigations; and training client teams on employment law issues and litigation avoidance strategies, both formally and just as part of his approach to day-to-day counseling.

Bill believes that his employment practice and years of office and community leadership dovetail and complement each other in a unified focus on helping businesses and other organizations run well so that individuals can succeed. He is always looking for new tools and partnerships to accomplish that for clients, teammates, and in the Central Ohio community.

Agenda

I. Employer considerations in offering severance | 1:00pm – 1:20pm

II. Most common areas of negotiation | 1:20pm – 1:40pm

III. Handling mutuality of various provisions | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Special ADEA considerations with group terminations | 2:10pm – 2:30pm

V. A growing number of state-specific issues | 2:30pm – 2:50pm

VI. NLRB’s focus on confidentiality provisions | 2:50pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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