The Whistleblowing Settlement Agreement is utilized when resolving disputes arising from protected disclosures of alleged wrongdoing. This document is crucial in U.S. jurisdictions where multiple federal laws (including SOX, Dodd-Frank, and FCA) provide whistleblower protections. The agreement must carefully balance confidentiality requirements with preserved rights to report to government agencies, while providing clear terms for settlement payments, releases, and ongoing obligations. It's essential to comply with both federal and state-specific whistleblower protection laws.
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1. Parties: Identifies the whistleblower and the organization involved in the settlement
2. Background: Brief context of the whistleblowing matter and reason for settlement
3. Definitions: Key terms used throughout the agreement including 'Protected Disclosure', 'Claims', 'Settlement Payment'
4. Settlement Terms: Details of the settlement payment and payment schedule
5. Release of Claims: Scope of claims being released by both parties
6. Non-Admission of Liability: Statement that settlement does not constitute admission of wrongdoing
7. Confidentiality Obligations: Terms of confidentiality with explicit carve-outs for government reporting
8. Government Reporting Rights: Explicit preservation of rights to report to government agencies
1. Non-Disparagement: Mutual obligations not to make negative statements about either party
2. Future Employment: Terms regarding future employment relationship if whistleblower is/was an employee
3. Tax Implications: Allocation of tax responsibilities for significant settlement amounts
4. OWBPA Compliance: Age discrimination specific provisions for whistleblowers over 40 years old
1. Payment Schedule: Detailed breakdown of payment terms and dates
2. Claims Summary: Summary of specific claims being settled
3. OWBPA Disclosure: Required age discrimination disclosures if applicable
4. Resignation Letter: Template resignation letter if settlement includes employment termination
Relevant legal definitions
Agreement
Allegations
Claims
Confidential Information
Effective Date
Government Agencies
Parties
Protected Disclosure
Released Claims
Released Parties
Settlement Payment
Settlement Sum
Whistleblowing Matter
Whistleblowing Report
Company
Whistleblower
Disclosure Date
Legal Representatives
Regulatory Bodies
Consideration
Confidentiality Obligations
Protected Rights
Subject Matter
Investigation
Reporting Rights
Relevant Period
Payment Date
Governing Law
Jurisdiction
Allegations
Claims
Confidential Information
Effective Date
Government Agencies
Parties
Protected Disclosure
Released Claims
Released Parties
Settlement Payment
Settlement Sum
Whistleblowing Matter
Whistleblowing Report
Company
Whistleblower
Disclosure Date
Legal Representatives
Regulatory Bodies
Consideration
Confidentiality Obligations
Protected Rights
Subject Matter
Investigation
Reporting Rights
Relevant Period
Payment Date
Governing Law
Jurisdiction
Clauses
Confidentiality
Release of Claims
Non-Admission of Liability
Settlement Payment
Government Reporting Rights
Non-Disparagement
Representations and Warranties
Cooperation
Tax Treatment
Future Employment
Return of Property
References
Legal Fees
Amendment and Modification
Severability
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Waiver
Acknowledgment
Assignment
Notices
Third Party Rights
Force Majeure
Release of Claims
Non-Admission of Liability
Settlement Payment
Government Reporting Rights
Non-Disparagement
Representations and Warranties
Cooperation
Tax Treatment
Future Employment
Return of Property
References
Legal Fees
Amendment and Modification
Severability
Governing Law
Jurisdiction
Entire Agreement
Counterparts
Waiver
Acknowledgment
Assignment
Notices
Third Party Rights
Force Majeure
Relevant Industries
Relevant Teams
Relevant Roles
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