The Wall Street Journal reported Thursday that the SEC is in the midst of a sweep to crack down on companies' use of NDAs or employment agreements that might impede whistleblower reporting in violation of Dodd-Frank amendments. Wall St. J. at C1 (Feb. 26, 2015). We reported last November on a letter from eight House Democrats asking the SEC to examine the issue, here. SEC Chair White's January 5 response is here. SEC Rules prohibit using agreements to restrict or prevent whistleblower reporting. 17 C.F.R. § 240.21F-17(a). And the SEC's broadened administrative jurisdiction now gives ...
Posts tagged NDAS.
An October 27 letter from Rep. Maxine Waters and seven other House Democrats (from the Financial Services & Oversight Committee) asked the SEC to double down on scrutiny of employer confidentiality agreements that might violate whistleblower protections. Whistleblower and Enforcement staff from the Commission already were focused on the issue through Enforcement's Foreign Corrupt Practices Act ("FCPA") section, "actively looking out" for improper agreements and threatening a "hard line" reaction to them. SEC Rules prohibit any person (not just SEC-reporting public ...
Tags: employer confidentiality agreements, Enforcement's Foreign Corrupt Practices Act, finra, NDAS, SEC, Whistleblower Protections