Drafting Severance and Confidentiality Agreements Amid Continued SEC, EEOC, and NLRB Scrutiny: Avoiding Agency Challenges to Confidentiality/Whistleblower, Non-Disparagement, Cooperation, No Rehire, Covenants Not to Sue

Faegre Drinker partner Daniel Prokott will serve on a panel discussing how federal agencies continue to target provisions of employer confidentially and severance agreements that they believe are overly broad or restrictive. In light of SEC, EEOC, NLRB, and OSHA scrutiny, employment and corporate counsel must guide employers in drafting severance and confidentiality provisions that will withstand the heightened enforcement standards and decrease the likelihood of litigation. Alongside the panel, Daniel will discuss:

• What should employers do to avoid or withstand SEC challenges to severance agreements?
• How can counsel to employers respond to the EEOC's concern with non-cooperation, confidentiality, or non-disparagement provisions?
• How must confidentiality and severance agreements be updated given the NLRB's recent activity?
• What are the NLRA provisions on which the NLRB is basing its recent decisions?
• What confidentiality provisions run afoul of OSHA's position on confidentiality provisions?
• What internal process changes can companies make to effect similar results as nondisclosure agreements?