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Photo of Employment Law Observer Kenneth E. Yeadon
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kyeadon@hinshawlaw.com
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Ken Yeadon is a former Assistant U.S. Attorney and SEC Enforcement Attorney. His practice includes representing and providing counsel to companies …

Showing 1 post by Kenneth E. Yeadon.

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC. Since the Employment Law Observer reported on the SEC’s first case attacking a confidentiality agreement., the SEC has charged five more companies with Rule 21F-17 violations. In each case, the employer had confidentiality or severance agreements that either: (a) purported to limit the types of information that an employee may convey to the SEC or other authorities; or (b) required departing employees to waive their rights to any individual monetary recovery in connection with reporting information to the government. The employers settled the cases by, among other things, amending the agreements and paying a significant civil penalty. More ›

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