Compliance Perspectives

By Adam Turteltaub It’s one thing if a company wants to protect its trade secrets. But, what if it wants to keep its dirty little secrets from getting out? Then, the SEC may want to step in. Stephen Cohen (LinkedIn), partner at Sidley Austin, and a former senior leader in the Enforcement Division at the SEC, explain in this podcast that, to understand the issue, we need to look back to the Dodd-Frank Act. The law led to the SEC whistleblower program and included anti-retaliation authority. The SEC believed it had implicit authority to punish efforts that impeded direct communication by whistleblowers with the Commission and its staff. Both the SEC and CFTC have created similar rules prohibiting organization and individuals from taking any action that inhibits someone communicating directly with the SEC about a possible securities law violation. The SEC has interpreted that to mean that language in non-disclosure and severance agreements, codes of conduct, policies and elsewhere that either require employe