The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more
Takeaways:
- SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries.
- Express disclosure of these rights in severance...more
1/20/2017
/ Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
Enforcement Actions ,
Non-Disparagement Provisions ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Waiver of Rights ,
Whistleblower Protection Policies ,
Whistleblowers
Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. But no longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016, Pub. L....more
5/25/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Federal v State Law Application ,
Inevitable Disclosure Doctrine ,
Misappropriation ,
Notice Requirements ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
On April 1, 2015, the Securities and Exchange Commission (“SEC”) announced an enforcement action and corresponding settlement arising out of an employer’s confidentiality agreement. The SEC contended that the agreement...more