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 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 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
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 the once-acceptable language in the Kodak consent decree?
- How must confidentiality agreements be updated given the NLRB's announced concerns?
- What are the NLRA provisions on which the NLRB is challenging employment agreements that include non-disparagement and employee behavior provisions?
- 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
Elisaveta (Leiza) Dolghih
Partner
Lewis Brisbois Bisgaard & Smith
Ms. Dolghih concentrates her practice on a broad range of business and employment litigation matters, with a focus on... | Read More
Ms. Dolghih concentrates her practice on a broad range of business and employment litigation matters, with a focus on prosecution and defense of unfair competition, noncompetition agreements, and misappropriation of trade secrets claims, including temporary restraining orders and temporary injunction hearings. She counsels company clients regarding compliance with employment-related statutes such as Title VII, The American with Disabilities Act, Pregnancy Discrimination Act, Age Discrimination in Employment Act, Family Medical Leave Act, Federal Labor Standards Act, OSHA, and other federal and state employment laws.
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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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Francine E. Love
Founder & Managing Attorney
LOVE LAW FIRM
Ms. Love is experienced in commercial transactions, corporate fundraising, mergers and acquisitions, intellectual... | Read More
Ms. Love is experienced in commercial transactions, corporate fundraising, mergers and acquisitions, intellectual property, employment law, privacy, cyber-security, risk management, litigation management, and corporate governance and formation.
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