Keeping its promise announced last year, the Securities and
Exchange Commission on April 1, 2015, released a cease-and-desist
order ("Order") declaring illegal a publicly traded
company's use of a confidentiality agreement that prohibited
employees during an internal investigation from
discussing—whether inside or outside the company without
legal approval—the substance of their interviews involving
potentially illegal or unethical conduct by the company or its
employees. The SEC also levied a $130,000.00 civil penalty against
the company.
The SEC Office of the Whistleblower ("OWB") prosecutes
claims against companies that violate the prohibitions against
whistleblower retaliation. Going back to March 2014, the OWB has
made clear its interest in assuring that employers not attempt to
constrain employees and other protected individuals from reporting
alleged unlawful activities. Indeed, this interest is quite
similar to the Equal Employment Opportunity
