Our Corporate Governance Practice Group posted  this article regarding further activity by the Securities and Exchange Commission in response to confidentiality provisions it found might deter potential corporate whistleblowers under the Dodd-Frank Act.

Employers should be reminded to carefully draft non-disclosure of confidential information provisions clearly not to prohibit employees from reporting violations of law or cooperating with investigations by federal, state and local governmental entities. Jackson Lewis attorneys, and particularly our Non-Competes and Protection Against Unfair Competition Practice Group, are available to assist with reviewing and revising confidential information and non-disclosure agreements.