McKessy has been warning for almost a year that the Commission was considering filing cases to enforce this provision. Specifically, he had in mind companies that use overly restrictive language in confidentiality agreements with current or departing employees to prevent those employees from reporting corporate misconduct to the SEC. Smart corporate counsel have been thinking about these warnings for a while, but now we have the first tangible statement about what kind of language is too much for the rule.
‘Enforcement 40’ for 2020
Join Us On LinkedIn
Join the Securities Litigation and Enforcement Group on LinkedIn