Over the past several months, a broad array of executive branch agencies have all come down the same way against the same wording of employers' nondisclosure and nondisparagement provisions, whether found in severance and settlement agreements, confidentiality agreements with employees or contractors, or witness statements in internal investigations. What once was considered the industry gold standard for these clauses is now just the opposite. And the stakes are high. An employer's use of invalid language can lead to regulatory enforcement action, court litigation and potentially hefty fines and sanctions. The combined authority of the agencies making waves for employers in this area also is far-reaching. Virtually every employer is a potential target, whether public, private, union, nonunion, financial industry, federal contractor or otherwise. All employers should review the language of their confidentiality and nondisparagement clauses and reword them to accord with the new agency standards.