Last August, we reported on two significant cease-and-desist orders issued by the SEC that, for the first time, found certain language in the confidentiality and release provisions of separation agreements to violate the SEC’s Rule 21F-17(a), which precludes anyone from impeding any individual (i.e., a whistleblower) from communicating directly with the agency.[1] Since then, the SEC has continued its aggressive oversight of separation and confidentiality agreements, with substantial repercussions for some employers. These orders, a select number of which we summarize ...
Twice in the past two weeks, the Securities and Exchange Commission (“SEC” or “Commission”) issued a cease-and-desist order settling proceedings against companies for using confidentiality and waiver of claims provisions in employee separation or severance agreements that violate an SEC rule promulgated after passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). The rule in question is designed to encourage and allow whistleblowers to freely disclose information to the SEC without impediments and ensure that they are (and ...
Blog Editors
Recent Updates
- VHRA Updates: Virginia Widens Employer Coverage and Extends Discrimination Complaint Filing Deadlines
- Watch: States Are Now Writing the Workplace AI Rules - Employment Law This Week
- Watch: Hemant Gupta Bridges the Gap Between Cutting-Edge Technology and Intellectual Property Protection
- A Proposed Overhaul to Federal Grantmaking: What It Could Mean for Grantees, Healthcare and Other Researchers, and Colleges and Universities
- Watch: Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims - Employment Law This Week