Philip Berkowitz

Philip Berkowitz

Littler

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Supreme Court Axes "Presumption of Prudence" in ESOP Stock-Drop Cases

On June 25, 2014, the U.S. Supreme Court issued a decision that gives comfort to "stock-drop" plaintiffs and may cause shockwaves among employee stock ownership plan (ESOP) fiduciary committees. In Fifth Third Bancorp v....more

7/9/2014 - ERISA ESOP FIfth Third Bancorp v Dudenhoeffer Fifth Third Mortgage Company SCOTUS Stock Drop Litigation US Bancorp

More CNIL Guidance for Multinationals Seeking to Comply with SOX & Dodd-Frank

United States employers operating in France often face a dilemma. While they may be bound by the whistleblowing requirements of the Sarbanes-Oxley Act ("SOX") and its Dodd-Frank amendments,1 they also are bound by the data...more

3/7/2014 - CNIL Dodd-Frank Multinationals Sarbanes-Oxley Whistleblowers

The Final Breaths of the Alien Tort Statute

On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more

4/22/2013 - Alien Tort Statute Extraterritoriality Rules Jurisdiction Multinationals SCOTUS

Dynamic Year Expected in Labor and Employment Law

President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more

1/24/2013 - Affirmative Action Affordable Care Act Cloud Computing Costco D.R. Horton D.R. Horton v NLRB Fiduciary Liability FLSA Harassment Hostile Environment Mandatory Arbitration Clauses Misclassification NLRA NLRB Social Media Social Media Policy Supervisors Vance v. Ball State University Whistleblowers

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