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Take a look at the most recent severance agreement your company used. Strict confidentiality clause with requirement to notify the company of any third-party request for confidential information? Check. Waiver of right to monetary recovery in an agency investigation? Check. It would be no surprise to see a severance agreement with such provisions as they have been standard for years. However, following August 2016 cease-and-desist orders entered by the U.S. Securities and Exchange Commission (SEC), such provisions are now unlawful. Specifically, the SEC has sanctioned companies with severance agreements that contain a waiver or release by the former employee of any right to monetary recovery arising from a governmental investigation (such as an SEC whistleblower action) and that require former employees to notify the company if they were required by law to disclose confidential information.
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Preparing for Proxy Season 2018: A Primer for General Counsel
By Phil Brown
As we enter 2018, public companies across the United States will begin, in earnest, their preparations for this year’s proxy season and annual shareholder meetings. It is not an understatement to say that 2017 was a tumultuous year on many fronts — economically, politically and globally. As a result, general counsel should have several issues on their radar that could play a role in 2018’s proxy season.
Responding to Sexual Harassment in the Workplace: A Roundtable Discussion
By ljnstaff
The #MeToo movement has empowered victims of sexual harassment and abuse previously silenced by powerful business and political leaders. No longer silent, these victims are using their experiences to challenge the powerful and raze structures that have permitted abuse. We have compiled a panel of legal experts to analyze how the law and the legal profession failed the workplace. The panelists discuss legal and environmental conditions that led to abuse, and what lawyers and businesses can do to curb the powerful and protect the vulnerable.
Quarterly State Compliance Review
By Sandra Feldman
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from Oct.1, 2017 to Jan. 1, 2018. It also looks at recent decisions of interest from Delaware.
By Thad McBride
The challenge for U.S. actors is how to comply with the law in the dynamic world of economic sanctions. This article tries to help by pointing out challenging (or “hot”) current issues and making suggestions about compliance strategies that in-house counsel can leverage to address the most challenging compliance issues.
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