DoD Prohibits FY17 Funds for Contractors with Restrictive Confidentiality Agreements
Client Alert | less than 1 min read | 11.21.16
On November 14, 2016, DoD issued a class deviation prohibiting its agencies from awarding FY17 funds to companies that require employees or subcontractors to sign internal confidentiality agreements or statements that restrict them from lawfully reporting waste, fraud, or abuse. As described here, there has been increased scrutiny by government agencies in recent years of the use of internal confidentiality agreements, and a FAR final rule on the subject is expected in the near future.
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Client Alert | 6 min read | 06.09.26
Is Stock-a-palooza Over? Supreme Court allows SEC to Pursue Disgorgement
On June 4, 2026, the U.S. Supreme Court unanimously held that the U.S. Securities and Exchange Commission (SEC) can continue to pursue disgorgement as an equitable remedy in securities fraud cases without showing pecuniary loss by investors. The Court’s ruling in Sripetch v. SEC resolves a split between the U.S. Court of Appeals for the Second Circuit, which concluded that the SEC must demonstrate pecuniary loss, and the U.S. Courts of Appeals for the First and Ninth Circuits, which declined to require such a showing.
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