Philip M Berkowitz

September 08, 2005 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that until the U.S. Supreme Court steps in, employers truly need an atlas to determine which conflicting federal appellate court ruling applies to their situation, and reviews similar cases decided differently by several circuit courts.

By Philip M. Berkowitz

10 minute read

September 08, 2011 | New York Law Journal

Philip M. Berkowitz, a shareholder in Littler Mendelson, discusses the new Bribery Act, which differs from the FCPA in many respects—most strikingly, in its coverage of domestic and foreign bribery to representatives of public and private entities; its potential for strict liability for failing to prevent bribery; and its absence of caps on monetary liability.

By Philip M. Berkowitz

10 minute read

January 10, 2008 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that there are fewer employment discrimination cases being filed. According to a recent survey, there has been a 31 percent drop in employment discrimination litigation in the last three years, a 21 percent drop in ERISA litigation, and, in 2007, a 24 percent drop in FLSA lawsuits.

By Philip M. Berkowitz

12 minute read

November 13, 2008 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes: What is the expectation of employers in advance of a union- and employee-friendly Obama Administration? Surely, it lies somewhere short of the Armageddon predicted recently by one spokesman for the United States Chamber of Commerce. With the economy in turmoil, the unemployment rate rising precipitously, and corporate layoffs unfortunately becoming more and more prevalent, Mr. Obama's victory comes at a challenging time both for companies and employees. Nevertheless, despite these problems, the atmosphere between employers and employees is relatively positive.

By Philip M. Berkowitz

10 minute read

July 13, 2006 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that it is commonly recognized that statements in a U-5 form, which states the reasons for a registered employee's departure and is required by NASD, are accorded a privilege, which can be raised as a defense to a claim of defamation. But should this privilege be qualified or absolute?

By Philip M. Berkowitz

10 minute read

March 11, 2010 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, analyzes a recent decision that represents something of a breakthrough for foreign companies doing business in the United States, illustrating special defenses sometimes available to those companies on discrimination claims brought by their American employees. But the case is notable not only for the employer's successful invocation of these defenses - it also demonstrates the benefit of responding proactively when an employer learns that the employee has improperly removed trade secrets from the workplace when pursuing employment-related claims.

By Philip M. Berkowitz

10 minute read

July 08, 2010 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes: President Barack Obama would not have been elected without the strong support of labor, and his election promised to herald in an era of pro-employee legislation. But many proposed pro-union laws appear to be dead or have dropped off the radar, and the reason is obvious: It's the economy.

By Philip M. Berkowitz

10 minute read

February 07, 2007 | Law.com

Employment lawyers have long known they need to look behind complaints that an employee has a "bad attitude" for objective information about specific difficulties with an employee's job performance. Now, in the SOX era, that "bad attitude" shorthand is being subsumed by other, similarly vague and unhelpful labels, writes attorney Philip M. Berkowitz. What are the new terms that should cause employment lawyers antenna to go up?

By Philip M. Berkowitz

8 minute read

January 11, 2007 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that a number of recent developments in the class action world suggest a turning of the tide, at least with respect to employment discrimination cases. And even in FLSA cases, the courts, and even the U.S. Department of Labor, have made it clear that plaintiffs don't enjoy a free pass.

By Philip M. Berkowitz

10 minute read

May 18, 2006 | Corporate Counsel

Employers who are sued in SOX whistleblower cases need to win in the first round because an employee who establishes reasonable cause is allowed reinstatement, prior to any hearing on the merits. But preliminary reinstatement is now in a state of doubt, thanks to last week's 2nd Circuit ruling that this remedy is unenforceable. The decision leaves the remedy's viability unsettled partly because two of the judges cited different reasons for their decision.

By Philip M. Berkowitz

9 minute read