disagree ... promise or not, unless the deal is in writing they are breaking the law counting on the breaking of another law to make them whole. There is a risk and it is the risk that gets disclosed.
You are, of course, 100% correct.
OTOH, if they tell their shareholders and some of their shareholders are also employees, then they have breached the contract with obama, and he no longer needs to indemnity them against any penalties, does he?
So by not telling the shareholders they are insuring that the shareholders don’t need to be told, because the shareholders won’t get hurt, unless they are told they could get hurt, in which case they will get hurt.
(insert obscure quote about webs and deception here)...