News & Articles

CLIENT ALERT: SEC Order Finds Confidentiality Mandate During Internal Investigation May Impede Whistleblower Protections
Published Tuesday, April 28, 2015 9:00 am

On April 1, 2015, the SEC reached a settlement in its first enforcement action charging a company with violating whistleblower protection Rule 21F-17 of the Dodd-Frank Act, which prohibits restrictive language in confidentiality agreements that could chill whistleblowing. At issue was a form confidentiality agreement, which the respondent required employees to sign at the start of internal investigation interviews conducted in connection with its compliance program, that prohibited employees from discussing any particulars of the interview or the investigation with others without prior authorization of its Law Department. Click here to read the full Client Alert.