Stephen Cohen, associate director of the SEC’s Division of Enforcement, cautioned that the agency is watching for employment agreements put in place by companies that, either expressly or through implication, discourage whistleblowers from reporting possible securities law violations to the SEC. “Something that prohibits employees from reporting wrongdoing or intimidates them is very problematic and really does look an awful lot like retaliation,” he said.
‘Enforcement 40’ for 2020
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