Hold Companies Accountable for Paying Hush Money or Signing NDAs
Policing Corporate Pressure to Keep Silent
Statutes and Regulations
- 82 Federal Register 4717 (Federal Acquisition Regulation prohibiting use of federal funds for restrictive NDAs)
- Rules prohibiting restrictions on the right of federal employees to communicate with Congress or file whistleblower claims. Public Law No. 114-113 § 713 (2015); Public Law No. 112-199 § 115(a)(1) (2012)
- Town of Newton v. Rumery, 480 U.S. 386 (1987) (defining “public policy”).
- EEOC v. Astra, 94 F.3d 738 (1st Cir. 1996) (agreement cannot bar filing charge).
- Connecticut Light & Power Co. v. Secretary of the United States, 85 F.3d 89 (2nd Cir. 1996 ) (restrictive agreement as adverse action).
- Macktal v. Brown & Root, U.S. Department of Labor Case File 86- ERA-23 (Order of Secretary of Labor dated October 13, 1993).
- U.S. v. Purdue Pharma, 600 F.3d 319 (2010) (releases under False Claims Act).
- Gilmer v. Interstate, 500 U.S. 20 (1991) (leading case requiring mandatory arbitration of employment claims).
- In the Matter of KBR, Inc., Securities and Exchange Commission File No. 3-16466 (April 1, 2015) (SEC decision sanctioning company for restrictive nondisclosure agreement).
- KBR Non-Disclosure Agreement
- Barko v. Halliburton Co. 2014 U.S. Dist. LEXIS 36490 (D.D.C. March 6, 2014).
- Upjohn v. U.S, 449 U.S. 383 (1981).
- U.S. ex rel Longhi v. Lithium Power, 575 F.3d 458 (5th Cir. 2009) (refusing to enforce employee release of FCA claims).
Updates and Blogs
- SEC Fines Tech Company for Violating Whistleblower Protection Rule
- SEC Settles Charges Against Anheuser-Busch InBev for Illegally Gagging Employee & FCPA Violations
- SEC Fines Company for Whistleblower Protection Violations
- KBR Sanctioned After SEC Investigation Into Illegal Non-Disclosures Agreements
- Corporations cannot muzzle whistleblowers with secrecy agreements any longer
- A sad day for the US if the Espionage Act is used against WikiLeaks
- Non-Disclosure Agreements
- KBR NDA
- Trump NDA
- Department of Homeland Homeland Security: Safeguarding Sensitive But Unclassified Information (2005 Management Directive)