Dechert LLP

Circa Centre, 2929 Arch Street
Philadelphia, PA 19104, United States

Contact: Beth Huffman

  • 215 994 4000
  • 215 994 2222

United States: EEOC Challenges to Employer Separation Agreements

In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-cv-863 (N.D. Ill., February 7, 2014), the EEOC alleged that a severance agreement used by CVS Pharmacy, Inc. (“CVS”) violates Title VII of the Civil Rights…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Russia: Citizens with Dual Citizenship Have to Inform Migration Services of Their Second Citizenship

As of August 4, 2014, citizens with dual citizenship have to inform Migration Services of their second citizenship. Criminal liability for non-compliance with the requirements is fee from RUB 200,000 or compulsory community…more
| Labor & Employment Law, Immigration Law, International Law & Trade

Russia: Remuneration System of the Bank Employees Is on Its Way to Rehabilitation

The RF Central Bank reconsidered the remuneration system of bank employees such that their remunerations will depend on the financial results of the bank’s activity. The RF Central Bank instruction No. 154-? (the "Instruction"),…more
| Labor & Employment Law, Finance & Banking

Russia: Focusing on New Requirements for Workplace Conditions

Special assessment of workplaces - In an effort to improve worksite safety conditions, a new procedure for assessing labor conditions has been established by the Federal Law No. 426-FZ "On Special Assessment of Workplace…more
| Labor & Employment Law, International Law & Trade

Investor Transparency Post AIFMD: What Have We Gained?

The Alternative Investment Fund Managers Directive (2011/61/EU) (the “Directive” or “AIFMD”) states in Recital 94 that its objective is: ...to ensure a high level of investor protection by laying down a common…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, International Law & Trade, Securities Law

Russia: Secondment is beyond the Law?

Prior to 2014, secondment arrangements had not been clearly regulated by either Russian labor or civil law, with many Russian companies operating under the pretense that as long as it is not forbidden, it might as well be…more
| Commercial Law & Contracts, Labor & Employment Law, International Law & Trade, Taxation

Russia: Reining in the Compensations

The RF Labor Code was amended to address certain issues regarding compensation, including with respect to golden parachutes for state companies' employees, which are now subject to various limits…more
| Commercial Law & Contracts, Labor & Employment Law

Germany: Monitoring and/or Reading of Employees' Emails

Although there is no German law specifically prohibiting monitoring or reading of employee emails, the German Federal Data Protection Act (Bundesdatenschutzgesetz – hereinafter “BDSG”) as well as the German Telecommunication Act…more
| Labor & Employment Law, Privacy

France: Taking into Account Absences Due to a Strike While Calculating Bonuses Does Not Necessarily Infringe the Right and the Freedom to Strike

Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits…more
| Civil Rights, Labor & Employment Law

France: New Obligation on the Employer Seeking External Redeployment in the Case of Redundancies (or Economic Dismissals)

Before making an employee redundant, the employer must: - Seek internal redeployment within the company and the Group (if any) and offer to the employee any internal redeployment offer. Otherwise, the employee’s…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Russian Joint Stock Companies Will be Required to Have a Professional Registrar Starting from October 2014

By October 2, 2014, all Russian joint stock companies (both open joint stock companies and closed joint stock companies) that maintain their own shareholder registers must transfer their registers to professional registrars…more
| Commercial Law & Contracts, Securities Law

France: Courts Limit Claims for Constructive Dismissal

Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer’s alleged breach and the Employment Tribunal then assesses the employer’s…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

France: What Should an Employer Do Where an Employee Seeks a Declaration of Constructive Dismissal without Resigning?

Under French law, there are various ways in which an employment contract may be terminated: resignation, dismissal, redundancy, amicable termination and so on. There is also a category of termination which is similar to a claim…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Drilling at depth – proposed changes to subterranean rights

The government’s consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government’s proposal to introduce new…more
| Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential, Real Estate - Commercial

France: A Court of Appeals Decision Provides Helpful Guidance Regarding an Employer’s Obligations When Consulting with Employee Representative Bodies

Before agreeing and executing a business sale involving a transfer of a business, an international publishing company (Wolters Kluwer) consulted its works council. The works council refused to deliver its opinion and issued…more
| Civil Remedies, Criminal Law, Labor & Employment Law, Mergers & Acquisitions
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