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Confidentiality Policies Confidentiality Agreements

White & Case LLP

How to Avoid Risk of SEC Whistleblower Rule Violations in Connection with Settlement Agreement Confidentiality Provisions

White & Case LLP on

In March 2023, we published an alert concerning the U.S. Securities and Exchange Commission ("SEC") whistleblower protection rule and how to minimize the risk of violations in connection with employee-related documents.1 Last...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

Jones Day on

On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Holland & Hart - Employers' Lawyers

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited...more

Allen Matkins

More Than Four Score Law Firms File Amicus Brief Opposing SEC Assault On Client Confidentiality

Allen Matkins on

In several recent posts, I have discussed Covington & Burling LLPs opposition to an SEC subpoena demanding that the law firm "name names".   Now more than 80 law firms from across the country have filed an amicus brief...more

Wilson Sonsini Goodrich & Rosati

Companies Should Review Employee Agreements Following SEC's Renewed Focus on Confidentiality Provisions That May Be Considered...

From 2015 to 2017, the U.S. Securities and Exchange Commission (SEC) announced a series of settlements with employers in which the SEC adopted a strict interpretation of the whistleblower protections afforded under the...more

Fisher Phillips

A Lawyer’s Confession: Don’t Count on Contracts and Courts to Protect Your Company’s Confidential Information

Fisher Phillips on

Many people were shocked by the recent leak of a Supreme Court draft opinion. The idea that an employee would subvert confidentiality rules at the nation’s highest court on matters of national significance seemed far-fetched....more

Proskauer - California Employment Law

California Imposes New Mediation Disclosure Requirement On Attorneys

Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation. This...more

Akerman LLP - HR Defense

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

Williams Mullen

NLRB and SEC Impose Restrictions on Workplace Policies and Confidentiality Agreements

Williams Mullen on

During the last few years, the National Labor Relations Board (“NLRB”) has been aggressively reviewing employers’ confidentiality policies, as well as other work rules regarding, among other things, social media, use of the...more

Cozen O'Connor

Maintaining Privilege With Consultants - Practical Guide

Cozen O'Connor on

Previously, we talked about the legal standards applied to claims of attorney-client privilege between a company's general counsel and outside consultants. Now, let's talk about practical tips for maintaining that privilege. ...more

Perkins Coie

Do Your Confidentiality Policies Pass NLRB's Expanding Standards?

Perkins Coie on

The National Labor Relations Board, the agency that enforces federal labor law, continues to challenge employer policies that seek to impose confidentiality constraints on employees....more

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