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Quirky Question #282: A Briefing on the Brexit

Question: How will the UK’s “Brexit” vote on withdrawing from the EU affect the way we employ people in our UK subsidiary? Answer: A vote to “Leave” is unlikely to bring significant change to UK employment law in the...more

U.N. Guiding Principles: Reflections on the Last Five Years

Five years ago, on June 16, 2011, the way we view the human rights responsibilities of companies changed. On that day, the United Nations Human Rights Council unanimously endorsed the UN Guiding Principles on Business and...more

If I could turn back prosecutorial time...

The case of R v AIL, GH and RH, one of the first the Court of Appeal has considered in 2016, is an interesting one from the perspective of all white-collar crime practitioners. The Court of Appeal had to consider whether it...more

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

La Oficina del Distrito de Miami de la EEOC y la Oficina de la Procuradora de las Mujeres Firman un Acuerdo Historico de...

Pacto Establece Una Relación de Colaboración en Curso Entre las Dos Entidades - SAN JUAN, P.R. -- La Oficina del Distrito de Miami de la Comisión Para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) entró...more

EEOC’S Miami District and Women’s Advocate of Puerto Rico Sign Historic Partnership Agreement

Pact Establishes Ongoing Collaborative Relationship Between the Two Entities - SAN JUAN, P.R. -- The Miami District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a memorandum of...more

Big Data Can Lead to Big Legal Problems For Companies

Deluged with an unprecedented amount of information available for analysis, companies in just about every industry are discovering increasingly sophisticated ways to make market observations, predictions and evaluations. Big...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely: June 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new guidance for boards of directors on business and human...more

Corporate Supply Chains and the Elimination of the Consumptive Demand Exception

President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 into law in February of this year. In doing so, he eliminated the “consumptive demand exception,” a long-standing loophole in the general...more

Bullying in the workplace in France, Germany, Russia, the UK and the USA

There are important differences between the approaches that different countries take to address the issue of workplace bullying. This OnPoint provides an overview of the approaches taken in France, Germany, Russia, the UK and...more

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - May 2015

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new private and public initiatives on recruitment fees, including...more

DOJ Civil Rights Division Underscores Risk of Discrimination Claims When Requesting Information from Applicants and Employees for...

On March 31, 2016, the Department of Justice’s Civil Rights Division (“DOJ”) issued a technical assistance letter (TAL) that highlights the potential for employers to create discrimination claims inadvertently when requesting...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - April 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring....more

Exploring the Employment Law Implications of a ‘Brexit’

On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...more

Concerns on the New UK Whistleblower Rules

The U.K.’s Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) recently began rolling out new whistleblower rules, with which financial organisations will be required to comply. These rules have not...more

Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of...

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to...more

Can You Hear The Whistle Blowing?: OECD Releases Report On Global Whistleblower Protections

The Organisation for Economic Cooperation and Development (“OECD”), an international organization whose goal is to promote policies that will improve the economic and social well-being of people across the world, recently...more

Understanding the Extraterritorial Scope of Title VII and the ADA for U.S. Employers

Many employers still grapple with the application of certain anti-discrimination laws — such as Title VII and the ADA — to non-U.S. citizen employees working in the United States and U.S. citizen employees working overseas. ...more

Workplace Bullying: What’s a Multinational Employer to Do?

Workplace bullying is increasingly acknowledged as a global issue, affecting most countries, professions, and workers. Although there is presently no law against workplace bullying in the United States, what about a US based...more

The Corporate Human Rights Benchmark Ranks Large Companies' Human Rights Performance

In 2011, the United Nations adopted the UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”), which provide non-binding guidelines on how employers should conduct their business activities to provide...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from February 15 – March 15, 2016. Greetings! Spring has sprung and the legislatures are back in full force and active on scores of new initiatives regulating a range of...more

Refugee Resettlement

On average, Canada approves approximately 10,000 refugee applications for permanent residence each year. Due to the Syrian refugee crisis, the Government of Canada announced last year that it would admit 25,000 Syrian...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - April 2016

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the first reports published pursuant to the requirements of the...more

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