Public companies should review their confidentiality arrangements for any provisions that may result in unintended violations of the Dodd-Frank Act's whistleblower protections. On April 1, 2015, the Securities and Exchange Commission announced that it had settled its first enforcement action based on language in a company's confidentiality agreements warning employees that they could face discipline and potential termination for discussing internal investigation matters with outside parties without the prior approval of the company's legal department.
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