News & Analysis as of September 22, 2024

Securities and Exchange Commission (SEC)

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Expect Focus - Volume II, May 2024

Carlton Fields on 5/29/2024

Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

SEC Penalizes Anti-Whistleblower Provision in Customer Settlement Agreements

Carlton Fields on 5/23/2024

The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

Holland & Hart - Employers' Lawyers on 10/3/2023

by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

Proskauer - Employee Benefits & Executive... on 5/30/2019

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Omarosa’s NDA Battle – Confidentiality and Context in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on 8/24/2018

The business world has much more to learn from the Omarosa Manigault White House battle than just fashionable workplace attire and a flair for the dramatic. The battle between the White House and Omarosa over the scope of her...more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

"Employment Flash - October 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 10/31/2016

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Companies Should Review Employee Agreements and Policies Following SEC's Aggressive Stance on Impediments to Whistleblowing

Wilson Sonsini Goodrich & Rosati on 9/13/2016

In two recently announced settlements, the U.S. Securities and Exchange Commission (SEC) adopted a strict interpretation of the whistleblower protections afforded under the Dodd-Frank Wall Street Reform and Consumer...more

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

Akerman LLP - HR Defense on 5/20/2015

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

Can You Keep a Secret? The SEC Says to Ask Carefully

Baker Donelson on 4/22/2015

Employers have a lot to be worried about. Employees are given access to trade secrets, customer lists, financial accounts, and other highly sensitive, confidential information. Most employers attempt to deter improper use of...more

The SEC Joins the NLRB and EEOC in the Assault on Employee Confidentiality Agreements and Policies in Workplace Investigations

Winstead PC on 4/14/2015

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced its first settlement of a whistleblower enforcement action against a company for using confidentiality agreements to stifle the...more

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