Date: April 9, 2014
Issue: Regulatory
To: Mary Jo White, Chair, Securities and Exchange Commission
Filing Type: Regulatory
Description: The current ambiguities in the SEC’s whistleblower program can be rectified and the SEC’s investigative resources can be preserved if the Commission provides additional clarity on what language it considers allowable in non-disclosure agreements, confidentiality agreements, employment contracts, codes of conduct, and other similar documents. Rather than using the enforcement process to gather data,
set policy, and thereby define the parameters of acceptable behavior, we request that the SEC undertake an initiative to provide more formal guidance that would assist companies, employees, and other contractual counterparties to better understand the specific categories of agreements or provisions that may violate the SEC’s whistleblower rules.