Moberly's Article Published in ABA Journal Labor and Employment Law
06 Apr 2015
De-Facto Gage Clauses: The Legality of Employment Agreements that Undermine Dodd-Frank's Whistleblower Provisions, an article authored by Nebraska Law professor, Richard Moberly, with Jordan A. Thomas and Jason Mark Zuckerman, has been published by the ABA Journal of Labor and Employment Law. The article discusses the enforceability of increasingly prevalent contractual restrictions on whistleblowing, which the authors label "de facto gag clauses." While no court has yet opined on the legaility of de facto gag clauses in the Dodd-Frank whistleblower context, the article argues that SEC rules and key principles of contract, qui tam, employment and securities law strongly suggest that courts will, and should, refuse to enforce agreements that preclude voluntary cooperation with the SEC or materially diminish the incentives created by Congress to promote SEC whistleblowing.
