Drafting Severance and Confidentiality Agreements: Mitigating Risk of Federal Enforcement Action
Avoiding Agency Challenges to Confidentiality, Noncompete, Non-Disparagement, Cooperation, No Rehire, Covenants Not to Sue
About the Course
Introduction
This CLE course will provide practical guidance on drafting severance and confidentiality agreements that will withstand SEC, EEOC, NLRB, and OSHA scrutiny.
Description
Despite the current administration's pro-business policy stance, federal agencies continue to target provisions of employer confidentiality and severance agreements that they believe are overly broad or restrictive.
The SEC has banned severance agreements that prohibit employees from contacting regulators or accepting whistleblower awards in exchange for receiving severance payments or other post-employment benefits.
Additionally, the EEOC has scrutinized and will continue to be critical of clauses that prohibit employees from cooperating with others filing a charge of discrimination or lawsuit. Similarly, OSHA will not approve settlement agreements that prohibit or restrict employees from participating in protected activity.
And while the NLRB has signaled a more relaxed stance on restrictive covenant enforcement, employers and counsel must still be careful to narrowly tailor such provisions to protect legitimate business interests so as not to run afoul of the NLRA.
In light of federal agency scrutiny, employment and corporate counsel must guide employers in drafting severance and confidentiality provisions that will withstand enforcement standards and decrease the likelihood of litigation.
Our distinguished panel will discuss the status of federal regulation of severance and confidentiality agreements, examine noteworthy cases, and discuss strategies for drafting enforceable agreements.
Presented By
As a seasoned litigator, Ms. Koss has a record of achieving outstanding results for her clients in employment, federal employment and commercial matters. She has litigated or participated in cases involving many areas of commercial litigation, including contract, real estate, labor and intellectual property disputes. Ms. Koss has extensive experience in complex litigation involving employment discrimination, non-compete agreements, employment contract disputes and unpaid sales commissions.
Ms. Mombelli is an accomplished labor and employment attorney with over 20 years of experience spanning both in-house and law firm practice. She is known for delivering strategic, practical counsel that aligns legal solutions with business goals. Ms. Mombelli is skilled in managing individual and class action employment litigation, navigating traditional labor matters, and providing impactful, dynamic counsel at all levels of an organization. She combines a client’s perspective and a proactive, partnership-driven approach to help employers mitigate risk and navigate both legal and operational priorities.
Mr. Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including multinational public and private companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott advises employers on: hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance; reviewing and drafting offer-of-employment letters and employee handbooks; preparing executive and sales compensation agreements; preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements; and best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act and Older Workers Benefits Protection Act, and compliance with the Worker Adjustment and Retraining Notification Act, among other matters.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: federal regulation of restrictive covenants under the current administration
II. SEC challenges to severance agreements
III. EEOC and OSHA requirements and legal framework for severance agreements
IV. NLRB enforcement status update
V. FTC case-by-case enforcement
VI. Drafting best practices
The panel will review these and other key issues:
- How has the current administration's policymaking agenda impacted federal enforcement of restrictive covenants in severance and confidentiality agreements?
- What should employers do to avoid or withstand SEC challenges to severance agreements?
- How can counsel to employers respond to the EEOC's concern with non-cooperation, confidentiality, or non-disparagement provisions?
- What confidentiality provisions run afoul of OSHA's position on confidentiality provisions?
- What internal process changes can companies make to effect similar results as nondisclosure agreements?
Related Courses
Drafting Severance and Confidentiality Agreements: Mitigating Risk of Federal Enforcement Action
Thursday, October 15, 2026
1:00 PM ET/10:00 AM PT
Severance Agreements 101: Drafting Enforceable Provisions to Mitigate Employer Risk
Thursday, September 10, 2026
1:00 PM ET/10:00 AM PT
