BBANBOB asked me to come over here to offer an explanation about Equity Committees and Confidentiality Agreements - Here goes.......(I'll explain who I am and why I am knowledgeable after)...
The provisions regarding confidentiality agreements in BK code regard "Business Operations" and "Trade Secrets" only. Also in the BK code - Bankruptcy proceedings must be transparent, so this indicates that financial information and BK case administration should be public. In March of 2008 the American Bankruptcy Institute released the following in their ABI Committee News.....
http://www.abiworld.org/committees/newsletters/litigation/vol5num2/Confidentiality.html
SUDDENLY Debtors and their attorneys (Or is it the other way around) have come to realize they can control the information - and so can control ALL the parties(Committees) in the bankruptcy by insisting on a Confidentiality Agreement. Sadly, the courts seem to be going along with this.
SO - even though there are NO provisions in the BK code to force a committee, or a committee member for that matter, to sign a confidentiality agreement - should they refuse, one of a number of things are likely to occur.
1) The US Trustee could remove a committee member for not signing if it will mean that the committee member cannot perform their duties properly
2) The Judge could order all members to sign - if a member does not, then the Judge could order the US Trustee to remove them
3) The member could serve, but not be privy to confidential informations critical to their performing their duties and so be ineffectual
4) The company could cave-in and furnish the confidential information to non-signing committee members.
5) If forced to- the court could order the confidentiality agreement invalid - or an appeals court could draw the conclusion that the confidentiality agreement is self serving for the management and void it.
KEEP THIS IN MIND - any non-public information that the a committee member receives from any source, that could be traded on (Or reasonably cause others to trade on) MUST be kept confidential, regardless of whether a confidentiality agreement is signed or not. This is a SEC rule and applies whether the company is in bankruptcy or not.
I DO NOT KNOW MUCH ABOUT WAMU - but I understand the Equity Committee has refused to sign the confidentiality agreement. I applaud them! They need to force the issue and bring it to the court & appeal if necessary.
MY OPINION - Confidentiality agreements are used by the Debtor and attorneys to control the information and the parties in a bankruptcy. This allows the Debtor to do essentially anything they wish and employ as many professionals as they wish at whatever price they wish. All they have to do is state that the "Case is complex" and who can refute that contention - publicly at least.
Confidentiality agreements are NOT your friend - they are designed to keep YOU (The shareholder) in the dark and unsure about whether there is equity for shareholders or if your stock is worthless.
If I were on your Equity Committee I would resist and force the Debtor and the attorneys to rationalize the need for the confidentiality agreement - then get the court to rule(Another rationalization) - and appeal if necessary.