Moberly Has Article Published in ABA Journal of Labor and Employment Law; Gives Interview with KFOR 1240

Professor Richard Moberly
Professor Richard Moberly

Professor Richard Moberly, and co-authors Jordan Thomas and Jason Zuckerman, had their article, "De Facto Gag Clauses: The Legality of Employment Agreements That Undermine Dodd-Frank's Whistleblower Provisions," published in the ABA Journal of Labor and Employment Law.

While no court has yet opined on the legality of de facto gag clauses in the Dodd-Frank whistleblower context (at least as of July 2014), this Article argues that SEC rules and key principles of contract, qui tam, employment and securities law strongly suggest that courts will, and should, refuse to enforce agreements that preclude voluntary cooperation with the SEC or materially diminish the incentives created by Congress to promote SEC whistleblowing.

The full article is available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2495525

Moberly also had an extensive interview with KFOR 1240's Dale Johnson on its show "Lincoln Live." The interview addressed government surveillance, the Patriot Act, and potential revisions of the Act. You can listen to it here: http://www.kfor1240.com/pages/4463324.php