Managing Partner Roger Barton recently published an article for Thomson Reuters titled, “SEC targets separation and severance agreements that impede whistleblowers.” The article highlights a recent spate of enforcement actions by the SEC targeting separation and severance agreements with terms that purportedly violate Commission Rule 21F-17(a), which prevents companies from raising impediments to would-be whistleblowers. The article looks at the various ways the SEC has interpreted and enforced this rule in years past and in 2023.
You can read the full article here.