Pre-taliation Illegality - from Employment Contracts to All Contracts

Compliance into the Weeds

The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds!

In this episode, Tom Fox and Matt Kelly take a deep dive into the recent SEC enforcement actions against several companies for pre-taliation clauses and related illegal intent.

Our conversation discusses recent enforcement actions by the SEC sanctioned against seven companies for a total of $3 million in civil penalties. The main issue was that these contracts required employees to forfeit any right to whistleblower awards if they reported misconduct to regulators. The conversation explores the legality of these contract clauses and the chilling effect they have on potential whistleblowers. Tom and Matt also discuss the challenges of remediation and the need for a comprehensive approach to address retaliatory clauses in all types of contracts.

Key Highlights

• SEC Enforcement Actions on Pre-Retaliation Language
• The Illegality of Pre-Retaliation Clauses
• Addressing Pre-Retaliation Clauses: Remediation Challenges
• Expanding the Focus: From Employment Contracts to All Contracts

Resources

Matt in Radical Compliance

Tom

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