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
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Related tasks
Advise a prospective discloser which recipient to use so the corporations disclosure qualifies for protectionPrepare the issues for a compensation claim for detrimentPrepare the allocation and investigation worksheet for a public-sector disclosurePlan support and risk controls where detriment or a reprisal is alleged