News & Analysis as of

Lenders Confidentiality Agreements

Cadwalader, Wickersham & Taft LLP

Summer, Sun, Sand and Sensitive Information, August 2025 - Balancing Lender and Borrower Confidentiality Interests

Confidentiality provisions in subscription credit facilities have always served a central purpose – protecting sensitive fund and investor information. These provisions have grown more detailed, more prescriptive, and, for...more

Cadwalader, Wickersham & Taft LLP

Whistling While You Work is in Vogue, Thanks to the SEC December 2024 - The Whistleblower Rules & Revisiting Confidentiality

The Securities Exchange Commission ("SEC") has, in furtherance of its whistleblower program, taken actions recently that have led to lenders updating the confidentiality sections of credit agreements to allow for the...more

Sheppard Mullin Richter & Hampton LLP

NLRB Finds Common Provisions in Mortgage Lender Employment Contract Illegal

On January 11, 2024, an administrative law judge for the NLRB issued an opinion holding that the employment agreement used by a major mortgage lender for all of its approximately 6,000 employees violates the National Labor...more

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