White Paper

SEC Targets Severance Agreements That Impede Whistleblowers

 

Under the SEC’s whistleblower program, those who provide useful information can collect big awards without risk of losing post-employment benefits.

The U.S. Securities and Exchange Commission (SEC) is cracking down
on severance agreements that prohibit former employees from
contacting regulators or accepting whistleblower awards under threat
of losing their severance payments or other post-employment benefits.
More and more, the SEC’s Enforcement Division has announced new
cases filed against, and settlements made with, companies which
restrict former employers from blowing the whistle through severance
agreement clauses. Many of the scrutinized companies are not in the
securities industry, and the problematic contract language is not as
obvious as you may think.

Faculty

Mark B. Wiletsky, Esq.

Holland & Hart LLP

Brian Hoffman

Holland & Hart, LLP

Agenda

Faculty

Mark B. Wiletsky, Esq.

Holland & Hart LLP

Mark B. Wiletsky, Esq., earned his bachelor’s degree cum laude in English from Northern Arizona University. He earned his law degree from the University of Colorado. Following graduation, Mr. Wiletsky served as law clerk to the Honorable Robert J. Kapelke at the Colorado Court of Appeals. In September 1998, Mr. Wiletsky joined Caplan and Earnest LLC. He has been admitted to practice in the state of Colorado, the U.S. District Court for the District of Colorado, the Tenth Circuit Court of Appeals, and the United States Supreme Court. Mr. Wiletsky’s practice emphasizes all aspects of employment law, including defense of race, sex, age, and disability discrimination claims at the trial and appellate levels, advising and defending employers concerning wage and overtime issues, and drafting employment handbooks, contracts, and noncompetition and nondisclosure agreements. Mr. Wiletsky has also been involved in litigating a trade secret misappropriation case involving cutting-edge technology issues. He regularly represents employers in administrative hearings and arbitrations. In addition, Mr. Wiletsky practices in the areas of civil litigation and appellate work in state and federal courts, and school law. Mr. Wiletsky co-chairs the Boulder County Bar Association’s employment law section. He is also a member of several legal and special interest organizations, including the American, Colorado and Boulder Bar Associations, the Labor Law and Appellate Practice Sections of the Colorado Bar, and the Civil Rights Committee of the Anti-Defamation League.

Brian Hoffman

Holland & Hart, LLP

Brian Hoffman is of cousel at Holland & Hart LLP. He provides experienced counsel to entities and individuals in securities enforcement matters, specializing in defending investigations and litigated proceedings brought by the SEC, DOJ, FINRA, PCAOB, and state AG/securities divisions; corporate internal investigations; and shareholder and commercial litigation. Mr. Hoffman provides unique insights from his prior service as senior counsel in the U.S. Securities and Exchange Commission’s Division of Enforcement, where he investigated and prosecuted numerous potential violations of the federal securities laws.

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