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
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide practical guidance on drafting severance and confidentiality agreements that will withstand heightened SEC, EEOC, NLRB, and OSHA scrutiny. Our experienced panelists will discuss how to update or avoid contract provisions to minimize the likelihood of suits or agency challenges.
Outline
- SEC challenges to severance agreements
- EEOC and OSHA requirements and legal framework for severance agreements
- NLRB requirements and legal framework
- Confidentiality provisions
- Employee behavior and conduct policies
- Non-disparagement provisions
- Noncompetition provisions
- Drafting best practices
Benefits
The panel will review these and other key issues:
- 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?
Faculty
Natalie M. Koss
Managing Partner
Potomac Legal Group
Ms. Koss actively litigates both commercial and employment cases and has successfully negotiated settlement agreements... | Read More
Ms. Koss actively litigates both commercial and employment cases and has successfully negotiated settlement agreements on behalf of corporate and individual clients. Ms. Koss also represents clients in business tort, employment disputes and copyright infringement cases and has tried both bench and jury cases in federal and state courts.
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Daniel G. Prokott
Partner
Faegre Drinker Biddle & Reath
Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including... | Read More
Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including multinational public and private companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott advises employers on: hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance; reviewing and drafting offer-of-employment letters and employee handbooks; preparing executive and sales compensation agreements; preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements; and best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act and Older Workers Benefits Protection Act, and compliance with the Worker Adjustment and Retraining Notification Act, among other matters.
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David L. Zwisler
Shareholder
Ogletree Deakins Nash Smoak & Stewart
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive... | Read More
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive audits of employment policies and practices, including drafting and editing employee handbooks, executive contracts, and severance, noncompetition, non-solicitation, confidentiality and trade secret agreements. He also oversees and conducts wage and hour compliance audits and provides counsel on FLSA compliance.
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