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Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

Here's why Whistleblowing should be on your priority list

The G20 Say... "Priority number one: whistleblowing" - Whistleblower protection laws have been in place for over two decades in some countries. But it's only recently that affective laws and procedures have begun to be...more

Global HR Hot Topic—September 2014: Global Codes of Conduct

Most major multinationals—particularly those based in the United States—have issued global codes of conduct spelling out baseline rules that apply across their worldwide operations. But these conduct codes vary substantially...more

EEOC and Mexican Ministry of Foreign Affairs Sign National Memorandum of Understanding

Agreement Will Strengthen Collaboration Aimed at Educating Immigrant Workers of Their Rights Under U.S. Anti-Discrimination Laws - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the Ministry...more

Federal Appeals Court Says Dodd-Frank Does Not Protect Overseas Whistleblowers

The U.S. Court of Appeals for the Second Circuit has ruled that the Dodd-Frank Act does not protect whistleblowers outside the United States. In Liu Meng Lin v. Siemens AG, Case No. 13-4385-cv (2nd Cir. August 14,...more

Federal Appeals Court Affirms Dodd-Frank Whistleblower Protections Do Not Apply Outside U.S.

On August 14, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s holding that the Dodd-Frank Act’s antiretaliation provision does not apply extraterritorially. Liu Meng-Lin v. Siemens AG, No....more

Freedom to Retaliate against Foreign Whistleblowers May Not Be as Much Fun as It First Appears

What I’m about to say is grossly oversimplified, but here goes: The Dodd-Frank Act’s whistleblower provisions have two primary prongs. The first says that an individual who voluntarily provides the SEC with original...more

Made for the U.S.A Only: Second Circuit Holds That the Dodd-Frank Act’s Antiretaliation Provision Applies Only Domestically

According to the SEC, in fiscal year 2013, foreign whistleblowers accounted for 404 of the 3,238 whistleblower reports received by the SEC (nearly 12%). Recently, the Second Circuit Court of Appeals may have significantly...more

Protecting the Rights of LGBT Employees in the United States and Abroad

On July 21, President Obama issued an Executive Order prohibiting federal government contractors from discriminating against lesbian, gay, bisexual, and transgender (“LGBT”) employees. The President directed the U.S....more

Whistleblower Antiretaliation Provision Does Not Apply Outside the U.S.

The Court of Appeals for the Second Circuit ruled today that the Dodd-Frank Act's prohibition on retaliation against whistleblowers does not apply extraterritorially. In affirming the dismissal of the case on...more

Weekly Update Newsletter - August 2014 #2

In this issue: - Obama Signs Order Boosting Federal Contract Worker Rights - DoD Issues Interim Rule to Amend DFARS Foreign Commercial Satellite Services (DFARS Case 2014-D010) - Obama Administration...more

'Tis the Season for Government Contracts: Five Key Compliance Issues for Retailers Selling to the Government

As retailers move closer to the end of the government fiscal year in September, ’tis the season for receiving government contracts. Federal agency budget authority for discretionary spending generally mandates that agencies...more

Be Global - July 2014

Saudi Arabia: Webinar on the recent introduction of the Nitiqat and Ajeer Systems in Saudi Arabia Our Middle East Employment team delivered a webinar recently covering issues surrounding the nationalization agenda in...more

Doing Business in Canada: Employment Law

EMPLOYMENT LAW - THE EMPLOYMENT RELATIONSHIP - There are many different types of relationships which businesses can have with the people and corporations who perform services for the business, including but not...more

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

Investment Management Update

In July 2014, the SEC settled the previously reported proceeding involving Chariot Advisors, and its former owner, Elliott Shifman, concerning charges of violating and aiding and abetting the violation of Section 15(c) of the...more

The Network News

Fraud Index Released-Startling Findings - A survey of more than 1,400 organizations worldwide revealed startling 4th quarter results on fraud trends for 2013. The Fraud Reporting Percentage (FRP), which measures fraud...more

Rights of Job Applicants in Germany

The German Federal Labor Court made a very clear ruling regarding job applicants in Germany who are not offered the position for which such applicants applied. In the Federal Labor Court’s view, a rejected applicant has no...more

Basics Of Employment Law In Italy: Part III

This article is the third in a series which provides a brief overview of the some of the key elements of employment law in Italy. This article will cover terminations, including a summary of the sources of law governing...more

Government Contracts Quarterly Update - May 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice Group to inform our clients and friends of the latest developments in federal government contracting. In This...more

Employment Law Commentary -- Volume 26, Issue 4 -- April 2014

In This Issue: - EEOC v. Ford Motor Company: Is Telecommuting A Reasonable Accommodation After All? Over a year ago, we published an Employment Law Commentary on Equal Employment Opportunity Commission (“EEOC”)...more

The Worldwide Village And The Children We’re Raising

It’s been said that entrepreneurs have to think globally to survive locally. This statement is more true today than ever before, as the competition (large, multinational corporations) is looking overseas to improve cost...more

EU-Parlament stärkt Rechte entsendeter Arbeitnehmer

Die rund 1 Million innerhalb der EU entsendeten Arbeitnehmer – etwa 180.000 davon in Deutschland – können auf besseren Schutz ihrer Rechte hoffen. Das EU-Parlament hat am 16. April 2014 den von der Kommission vorgelegten...more

Hong Kong: Embracing The Best of the East, and The Best of the West

In continuation of my article on Globalizing in Hong Kong in December 2013, let's discuss some of the practical implications and recent developments in Hong Kong's employment arena. Hong Kong is not just a pivotal financial...more

A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for...more

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