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, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar 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.
- SEC challenges to severance agreements
- EEOC requirements and legal framework for severance agreements
- NLRB requirements and legal framework
- Confidentiality provisions
- Employee behavior and conduct policies
- Non-disparagement provisions
- Drafting best practices
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 the once-acceptable language in the Kodak consent decree?
- How must confidentiality agreements be updated given the NLRB’s announced concerns?
- Under what provisions of the NLRA is the NLRB challenging employment agreements that include non-disparagement and employee behavior provisions?
- What confidentiality provisions run afoul of OSHA's position on confidentiality provisions?
Jonathan D. Ash
Mr. Ash handles employment litigation and counsels clients on a variety of employment issues, including leave... | Read More
Mr. Ash handles employment litigation and counsels clients on a variety of employment issues, including leave entitlement, separation and severance, litigation avoidance, employee handbooks and wage and hour issues. He also has experience in forensic analysis, with a particular emphasis on investigating and litigating claims of misappropriation of trade secrets.Close
Frank C. Morris, Jr.
Epstein Becker & Green
Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office,... | Read More
Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office, and co-chairs the firm's ADA and Public Accommodations Group. A former NLRB attorney, he now represents private and public employers in EEO, disability, labor, and general litigation matters. Mr. Morris regularly writes and lectures on various employment and litigation topics and is an adjunct professor at George Washington University Law School, where he teaches Discrimination Law.Close
Shira R. Yoshor
Ms. Yoshor focuses her practice on labor and employment matters and a wide variety of complex commercial litigation.... | Read More
Ms. Yoshor focuses her practice on labor and employment matters and a wide variety of complex commercial litigation. She is experienced in representing management in virtually all aspects of labor and employment law. Ms. Yoshor regularly counsels employers on managing workplace issues, drafts employment agreements, handbooks and policies, drafts and litigates whistleblower claims, discrimination and retaliation claims, and claims involving all sorts of restrictive covenants.Close