SEC CONTINUES BRINGING ENFORCEMENT ACTIONS AGAINST COMPANIES FOR RESTRICTIVE LANGUAGE IN CONFIDENTIALITY AND SEVERANCE AGREEMENTS THAT COULD STIFLE WHISTLEBLOWERS In separate actions on August 10, 2016 and August 16, 2016, the Securities and Exchange Commission (“Commission”) has again brought enforcement actions against companies for having confidentiality provisions in their agreements that in the Commission’s view…

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CALIFORNIA COURT REFUSES TO ENFORCE BYLAW AMENDMENT COMPELLING ARBITRATION BY THE MEMBERS OF THE CORPORATION There have been several recent Delaware court decisions and much commentary regarding the enforceability of bylaw provisions that establish rules governing stockholder litigation, including fee-shifting provisions and forum selection clauses, and several Maryland court decisions concerning bylaw provisions mandating arbitration…

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