Posts by Philip M. Berkowitz:
In his Employment Issues column, Philip M. Berkowitz of Littler Mendelson writes: Last week, the U.S. Supreme Court ruled in favor of granting broad whistleblower rights under Sarbanes-Oxley to any individual who is employed by a third party to provide services to a publicly traded company. But the court's full-throated endorsement of attorneys bringing these claims makes no mention of confidentiality or privilege, and seems at odds with the discomfort reflected by the New York courts, as well as NYCLA's Professional Ethics Committee.
In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz writes: Sarbanes Oxley's creation of a new category of federal whistleblowers is now more than 10 years old, and Dodd-Frank's expansion of those rights is going on four years, but the rights of individuals to bring whistleblower claims, the appropriate standards of proof, and how employers may defend these claims, continue to bedevil litigants and the courts. The year 2014 is likely to be a watershed one for resolving a number of these key issues.
Philip M. Berkowitz, a partner at Littler Mendelson, discusses differing approaches to privilege, confidentiality and discovery, recommending that multinational companies segregate confidential or privileged information from individuals who do not have a need to know; consider receiving advice orally and not by email; and select favorable choice of law and choice of forum clauses in contracts and other agreements that may be subject to legal challenge.
In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz discusses the federal laws designed to protect U.S. national security by prohibiting the export of sensitive U.S.- origin goods, technology or services, which can create compliance headaches for all employers engaged in sensitive industries who must enforce those requirements in a non-discriminatory way.
In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz discusses the benefits and challenges for both the individual and employer in structuring an overseas assignment as an expatriation, with the employee remaining on the payroll of the U.S. entity but assigned to a Chinese affiliate, or a local hire, with the U.S. employee signing an employment contract directly with the affiliated company in China.
In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz writes: Justice Antonin Scalia's recent comments during oral argument on the challenge to the Voting Rights Act have set off a storm of controversy. Scalia's observations do not seem consistent with those of global employers who are seeking to redouble their efforts to attract and retain minorities, to foster equitable treatment of employees, and to renew their commitment to ethical and legally compliant business practices.
In his Employment Issues column, Littler Mendelson's Philip M. Berkowitz discusses some cases coming before the U.S. Supreme Court that involve affirmative action and identifying which employees qualify as supervisors whose actions can result in vicarious Title VII liability for hostile environment; and other key issues that will be seen in 2013 such as mandatory arbitration of collective actions, employee social media use, health care coverage, personnel records kept in the cloud, and more.
In his Employment Issues column, Philip M. Berkowitz, a partner at Littler Mendelson, writes: What impact did President Barack Obama's positions on employment and labor law have on his reelection? The short answer is: a lot.
In his Employment Law Issues column, Philip M. Berkowitz, a partner at Littler Mendelson, writes: Multinational employers often negotiate, with their key employees, employment agreements and restrictive covenants that prohibit unfair competition across borders. To prevent inconsistent judgments and give the parties a firmer expectation regarding their rights, many employers negotiate choice-of-law and choice-of-forum provisions that select one jurisdiction's laws or forum over another.
In his Employment Law Issues column, Littler Mendelson partner Philip M. Berkowitz writes: While policies permitting employees to use their personal mobile devices to create, store, and transmit work-related data may reduce expenses, aid in recruiting new employees, and allow employers to more quickly take advantage of new technologies, having corporate data transferred and stored on employee-owned personal devices creates significant regulatory, e-discovery, confidentiality and compensation challenges.
In his Employment Law Issues column, Littler Mendelson partner Philip M. Berkowitz writes: As businesses increasingly become global and multinationals seek the best platform for economic growth, cross-border assignments of executives have become more common and more important. Employers who practice global mobility must have in place appropriate policies and procedures that reflect best practices.