US: SEC targets confidentiality agreements in first-ever whistleblower protection enforcement action

The Securities and Exchanges Commission has settled its first enforcement action against a company for “improperly restrictive language in confidentiality agreements”. SEC Rule 21F-17 prohibits companies from taking any action – including enforcing, or threatening to enforce, a confidentiality agreement – that impedes an employee from reporting possible securities laws violations to the SEC. Read more

Singapore: Breaches of confidentiality and duties of good faith and fidelity

A recent decision of the Singapore High Court has emphasised the value for employers in taking steps to protect confidential information. In Tempcool Engineering (S) Pte Ltd v Vincent Chong, the primary issue was whether the employees misused confidential information in breach of confidence. The applicable test was found to be whether: (i) the information … Read more