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Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

Case Studies on Labor Dispatch

“Labor dispatch” is an arrangement under which an employee is hired by an employment agent (i.e., nominal employer) and then dispatched to work for another company (i.e., actual employer). Typically, there would be (i) an...more

Trade & Manufacturing - News of Note - November 2014

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

Chinese Arbitration Pact Enforced

Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor...more

Business and Commercial Litigation Newsletter – #43

We are pleased to present the 43rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address whistleblower protections under the Dodd-Frank Act, trade...more

JAMS Dispute Resolution Alert, Summer 2014

In This Issue: - Experts Predict ADR Will Help Resolve Affordable Care Act Claims - ADR News & Case Updates - Domestic Focus ..Supreme Court Ruling Expands Whistleblower Protections - Good...more

Supreme Court: Arbitrators, Not Courts, Decide Whether A Suit May Proceed To Arbitration

On March 5, 2013, the U.S. Supreme Court upheld an arbitration panel’s award and broadened arbitrators’ authority to determine preliminary issues in arbitration agreements. Although the case concerned a treaty dispute between...more

JAMS Dispute Resolution Alert - Winter 2013

In This Issue: ..In Depth: Why ADR Can Help Address the Rising Tide of Copyright Litigation ..ADR Conversations: How the Failure to Settle Affects the Workplace for Both Employees and Companies ..Domestic Focus:...more

Successful Strategies For Doing Business In Asia: China

1. What role does the government of China play in approving and regulating foreign direct investment? In the past, foreign investment in China was highly regulated. However, following China’s entry into WTO a decade...more

Employment Flash - November 2013

In This Issue: - OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules - US Supreme Court to Decide Whether Severance Payments Are Subject to FICA - SDNY Rules That NYC Human Rights Law Does Not...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

Bernstein Shur Business and Commercial Litigation Newsletter #26

We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more

Eleventh Circuit Reiterates Its Rejection of Public Policy Defenses To the Compelled Arbitration of Federal Claims in Non-U.S....

Fernandes v. Carnival Corp., No. 09-15675 (11th Cir. 2012), provides a concentrated refresher of several international practice principles that the courts, especially in the Eleventh Circuit, have applied in increased rigor...more

Reducing the burden on business – changes to employment law in the UK? By Matthew Howse and Emma Damiral

Introduction - The UK labour market is one of the least regulated labour markets among developed countries, with only the US and Canada having lighter overall regulation. Nevertheless, the UK government is concerned to do...more

UK Supreme Court Confirms Parties’ Right to Choose Nationality of Arbitrators

On 22 June 2010, the Court of Appeal of England and Wales, ruling on Jivraj v Hashwani [2010] EWCA Civ 712, [2010] ICR 1435, held that arbitrators are employees for the purposes of UK law. This decision caused considerable...more

Who Decides What? A Review of Last Week’s U.S. Supreme Court Decisions Affecting Employers

In This Alert: I. Rent-A-Center, West, Inc. v. Jackson On June, 21, 2010, in Rent-A-Center, West, Inc. v. Jackson, the United States Supreme Court held that when an employee signs an arbitration agreement that...more

Tension Between Choice of Law and Mandatory Rules in International Employment and Agency Arbitration

The hallmark of international commercial arbitration is the right of parties to select the law to govern their dispute. However, choice of law or party autonomy is subject to limits. Sometimes arbitrators are obliged to...more

International Legal News Volume 4 Issue 2 - July 31, 2007

In this Issue: *The European Company in France: Two Years On Lefèvre Pelletier & Associés, Paris by Roland Montfort / Véronique Deau *The Family Office Nigel Harris & Partners, Channel Islands by Anita...more

International Legal News Volume 1 Issue 3 - June 20, 2006

In this Issue: *China Issues Implementing Opinions on Approval and Registration of Foreign-invested Enterprises Lehman, Lee & Xu, Beijing, China by by Feng (Sandy) Lin *Bankruptcy - A New Guise PETERKA & PARTNERS...more

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