Philip Berkowitz

Philip Berkowitz


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European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's...more

9/30/2015 - Employees EU European Court of Justice (ECJ) Tyco Wage and Hour

SEC's Attack on Confidentiality Agreements

Keeping its promise announced last year, the Securities and Exchange Commission on April 1, 2015, released a cease-and-desist order ("Order") declaring illegal a publicly traded company's use of a confidentiality agreement...more

4/6/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

2015 Hot Topics for Multinational Companies

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

12/23/2014 - Attorney-Client Privilege China Compliance Corporate Governance Cross-Border Transactions Cybersecurity Discovery Employee Rights Employer Liability Issues Executive Compensation Minimum Wage Multinationals Third-Party Liability Trade Secrets Unions Wage and Hour Whistleblower Protection Policies Year-End Planning

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 Duty 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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