Check a proposed release or confidentiality clause against the opened protections

Key facts

Human involvement
YellowClose supervision
How AI is used
Quote the clause. Mark whether it waives rights or remedies, requires arbitration of a dispute arising under 18 U.S.C. 1514A, or restricts communication with the SEC about a possible securities-law violation. Set the statutory or rule sentence beside the clause. Do not rewrite the clause.
What the lawyer must review
18 U.S.C. 1514A(e) says the rights and remedies in that section may not be waived by any agreement, policy form, or condition of employment, including a predispute arbitration agreement, and that no predispute arbitration agreement is valid or enforceable if it requires arbitration of a dispute arising under the section. The SEC protections page quotes Rule 21F-17(a): no person may take any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation, including enforcing, or threatening to enforce, a confidentiality agreement with respect to such communications. The page says this protection is not limited to the employee-employer context, and that only the SEC may file an enforcement action for a violation of the rule. The lawyer decides whether the clause is within either sentence.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  3. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  4. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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