Julia Gorham

Julia Gorham

DLA Piper

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Tadjudin Sunny vs. Bank of America National Association - implied term of anti-avoidance

In 2007, the Bank terminated an Analyst in its Distressed Debt Trading Group by payment in lieu of notice, following completion of a Performance Improvement Plan (PIP). She was not awarded any bonus on her departure. The...more

7/20/2016 - Anti-Avoidance Bank of America Bonuses Breach of Contract Contract Terms Employer Liability Issues Hiring & Firing Hong Kong Performance Improvement Plans Remuneration Tadjudin Sunny vs. Bank of America

Stay Smart When Hiring Summer Interns

As the summer holiday approaches, many eager university students will be looking at working as an intern to gain work experience. For many businesses, hiring summer interns is a great way to scout out potential talent and...more

6/20/2016 - Hiring & Firing Hong Kong Unpaid Interns

When HR Meets Law: Risks engendered by use of social media during employment

(English and Chinese Version) The prevalent use of social media during employment may create potential risks for companies ranging from information leaks to reputation damage. DLA Piper discusses possible supervisory...more

5/20/2016 - Confidential Information Employment Policies Hong Kong Social Media Policy Social Networks

When HR Meets Law: Family Friendly Employment Practices

(Chinese & English version) Achieving a healthy “work-life balance” is a challenge for many professionals as most are expected to work longer and harder to meet various business targets. Employment lawyers from DLA Piper...more

5/20/2016 - Anti-Discrimination Policies Best Management Practices Flex-Time Policies Hong Kong Paid Family Leave Law Wage and Hour

Wearables at work: Data privacy and employment law implications

Wearable devices' - such as fitness trackers, wristbands, access cards - are an increasingly popular technology. Market researchers have estimated that some 21 million wearable devices were sold in 2014 (The Economist,14...more

4/25/2016 - Biometric Information Corporate Counsel Data Collection Popular Privacy Concerns Wearable Technology Wellness Programs Young Lawyers

Update on China's birth planning policy changes

A number of provinces and cities in China have updated their regulations around marriage leave, maternity leave and paternity leave to reflect changes in the new PRC Population and Birth Planning Law, on which we reported in...more

4/6/2016 - China Marriage Parental Leave

Hong Kong proposes changes to law on employee reinstatement claims

Hong Kong proposes to amend the Employment Ordinance by removing the pre-requisite requirement for an employer to agree to an order reinstating or re-engaging an employee who has been dismissed without any valid reason in...more

2/19/2016 - Hiring & Firing Proposed Amendments Reinstatement

China Adopts Two-Child Policy: Key Implications for Employers

On 27 December 2015, Chinese lawmakers passed the Population and Birth Planning Amendment Law (Amendment). The Amendment, which is effective from 1 January 2016, ended the three-decade-old one-child policy and allowed married...more

1/7/2016 - Amended Regulation China Maternity Leave Paternity Public Policy

Are Your Sales Practices Too Aggressive?

The Trade Descriptions Ordinance (TDO) prohibits traders from engaging in aggressive commercial practices, including harassment, coercion, or exerting undue influence on customers. DLA Piper explores what employers and...more

12/30/2015 - Employer Liability Issues Harassment Sales Salespersons

Year in Review 2015: A Round-Up of Key Employment Law Developments Across Asia

China - Several local High Courts, such as Beijing, Shanghai, Guangdong, Zhejiang, etc, have gradually issued judicial opinions on employment disputes adjudication in 2015 to clarify various long-time disputable issues...more

12/15/2015 - Asia Pacific International Labor Laws

Be Alert Asia Pacific: Employment Law Newsletter - Shanghai Court Upholds Reinstatement Claim by Senior Manager Despite Removal by...

In September 2015, the Second Intermediate People's Court of Shanghai made a decision to uphold a former senior manager's claim for reinstatement, which has drawn a lot of attention. It is widely believed, at least in...more

11/25/2015 - Board of Directors China Director Removal Reinstatement Senior Managers Wrongful Termination

Risks Engendered By Use of Social Media During Employment

Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public and to...more

11/23/2015 - Confidentiality Agreements Defamation Employee Privacy Rights Employment Policies Hong Kong Reputation Management Social Media

Top Tips for Employers: Using Analytics to Make People Decisions

There is more data stored electronically now than ever before. This includes financial data, sales transactions, emails, instant messages, and employee activities, to name a few. Real value can be derived from analysis of...more

10/8/2015 - Analytics Best Management Practices Data Collection Discrimination Employee Retention Fraud Prevention Human Resources Professionals Recruitment Policies Risk Management Vendors

When HR Meets Law: Social Media in Recruitment

(Chinese & English version) In recruitment,the use of personal information collected via social media platform may create risks of discrimination and privacy invasion. With the revolution of information technology,...more

9/22/2015 - Best Management Practices Employer Liability Issues Facebook Hiring & Firing Hong Kong Human Resources Professionals LinkedIn Privacy Laws Social Media Social Networks Twitter YouTube

Is Hong Kong Doing Enough for Whistleblowers?

There is currently no specific statutory legislation offering protection from retaliation for whistleblowers in the workplace in Hong Kong. Protections are not far reaching, and not purposedesigned to deal with whistleblowing...more

9/3/2015 - Best Management Practices Confidential Information Discrimination Hong Kong Internal Investigations Public Interest Whistleblowers

Be Alert Asia Pacific: How to Handle Audits by Labor Bureaus in China

In recent months, the number of international businesses in China (especially Beijing) that have been contacted by the local labor bureau for an audit has been markedly rising. These audit processes can come out of the blue...more

9/2/2015 - Audits China Corporate Counsel Document Productions Employer Liability Issues Labor Bureau Popular Young Lawyers

Be Alert Asia Pacific: Employment Law Newsletter: Top Tips for Employers: Cyber Risks and Fraud

Cyber risk is becoming a growing concern amongst businesses and institutions. Data breaches and hacking have been problematic among some sectors, predominantly financial services, for some time. These risks are now often...more

8/14/2015 - Best Practices Bring Your Own Device Cyber Crimes Cybersecurity Data Breach Employer Liability Issues Employment Policies Former Employee Personally Identifiable Information Popular Risk Assessment Risk Mitigation Security and Privacy Controls Training

Be Alert Asia Pacific: Employment Law Newsletter: The Labour Tribunal Has Teeth and Can Bite the Claimant Too!

Following the changes made to the Labour Tribunal Ordinance in December 2014, the Labour Tribunal now has power to order either the employer or the employee to provide security for payment of an award. However, can the...more

7/27/2015 - Abuse of Process Appeals Labour Tribunal Restaurant Industry Unpaid Overtime

From Hiring To Firing: A Basic Guide To The Hong Kong Employment Law Life Cycle

Hiring - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

6/3/2015 - Advertising Bonuses Data Collection Data Privacy Employee Benefits Employment Contract Employment Discrimination Hiring & Firing Hong Kong International Labor Laws Job Ads Notice Requirements Personal Data Recruitment Policies Restrictive Covenants Sick Leave Termination Wages Work Visas

Don't bet on bad warnings

It may be obvious, but employers should neither issue nor rely upon a written warning made in bad faith. It is equally plain that any written warning issued in bad faith should not be used to dismiss an employee. Otherwise,...more

5/26/2015 - Bad Faith Employer Liability Issues Hiring & Firing Hong Kong Managers UK Unfair Dismissal Warning Letters Wrongful Termination

Life Sciences Spotlight - Asia Pacific - Issue 5, 2015

In This Issue: - Harper Review Dispenses Important Recommendations For The Life Sciences Sector - Pharmaceutical Patent Term Extensions In Australia - PRC Anti-Corruption Regime 101 - Revisions To The Medicines...more

5/12/2015 - Anti-Corruption Australia Biosimilars China Class Action Code of Conduct Confidential Information Employee Share Schemes Harper Review Life Sciences Patent-Eligible Subject Matter Patents Pharmaceutical Industry Pharmaceutical Patents Veterinary Products

Is the employer hijacking the case, or not?

The Labour Tribunal is a specialised court set up to provide a simple, inexpensive and informal means of resolving employment disputes in Hong Kong. The Tribunal has exclusive jurisdiction to deal with claims arising from a...more

4/27/2015 - Breach of Contract Common Law Torts Data Theft Employment Contract Exclusive Jurisdiction Fiduciary Duty Hong Kong Judicial Authority Labor Disputes Labour Tribunal Mixed Motive Cases Negligence

From Hiring To Firing: A Basic Guide To The Thai Employment Law Life Cycle

Recruitment - Recruiting in Thailand is often done through database recruitment, licensed headhunting firms, or by placing advertisements in newspapers and various media or on the internet. With regards to hiring of new...more

4/23/2015 - Data Privacy Dispute Resolution Employee Benefits Employment Contract Foreign Nationals Hiring & Firing Income Taxes International Labor Laws Recruitment Policies Redundancy Dismissals Termination Clauses Thailand Wage and Hour

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