Philip M Berkowitz

March 11, 2020 | New York Law Journal

In this Employment Issues column, Philip M. Berkowitz discusses joint employer status and a number of recent changes on the issue, the upshot of which may be to reduce the number of federal employment related lawsuits and draw more of these claims into state courts, where the laws may be more favorably disposed toward employees, contractors, consultants, and similar workers.

By Philip M. Berkowitz

9 minute read

November 13, 2019 | New York Law Journal

2019 has been a year of increased regulatory scrutiny of banks' and other financial institutions' whistleblower investigation protocols and codes of conduct. Two recent enforcement actions present extraordinary cautionary tales. As Philip M. Berkowitz discusses in his Employment Issues column, each of these matters involved individuals with high level compliance responsibilities, who apparently made very bad decisions, which resulted in enormous monetary and reputational damage to their employers as well as themselves.

By Philip M. Berkowitz

10 minute read

September 11, 2019 | New York Law Journal

In his Employment Issues column, Philip Berkowitz discusses issues surrounding global workplace harassment investigations. Because U.S. anti-harassment policies were engineered for the U.S. at-will employment environment, simply exporting these tools into overseas investigations may cause problems. American companies must consider local law and custom overseas before carrying out an investigation—just as we would expect an overseas-based company to do prior to carrying out an investigation in the United States.

By Philip M. Berkowitz

9 minute read

March 13, 2019 | New York Law Journal

In this Employment Issues column, Philip M. Berkowitz and Margaret Watson write: At the end of the day, again, the Guidance is sound. But it is issued on facts that demonstrate that what are suggestions today may turn into minimum requirements tomorrow. The warning shot has been fired, and employers, whether in financial services or otherwise, would do well to review and conform policies in this area.

By Philip M. Berkowitz and Margaret Watson

8 minute read

February 01, 2019 | New York Law Journal

The 'Salt River' case illustrates that with timely, effective advocacy, cross-border discovery under the Hague Evidence Convention may be accommodated within an expedited discovery schedule, a major obstacle cited by courts in the past.

By Denise E. Backhouse and Philip M. Berkowitz

8 minute read

January 09, 2019 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: What are the risks of misusing confidential supervisory information? A recent matter involving a former Federal Reserve Bank of New York examiner and a Goldman Sachs banker is instructive.

By Philip M. Berkowitz

10 minute read

November 07, 2018 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: The Foreign Corrupt Practices Act is often associated with payoffs between shadowy figures for contracts made in remote parts of the world. But a spate of recent prosecutions and civil settlements makes clear that the financial services industry is in fact a significant target for potential violations of this centerpiece compliance legislation.

By Philip M. Berkowitz

9 minute read

July 11, 2018 | New York Law Journal

In his Employment Issues column, Philip Berkowitz writes: On the international front, the #MeToo movement has had significant impact, both in employment and labor laws as well as in employment practices of multinational companies with highly mobile employees who travel from country to country, on short- and long-term assignments. Some of these employees, sad to say, wreak havoc.

By Philip M. Berkowitz

9 minute read

January 10, 2018 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: Ban-the-box laws did not make the decision whether to carry out background checks any easier for publicly traded companies and financial institutions. These companies must be familiar with the requirements of these various laws. Failing to get this right can have dire consequences.

By Philip M. Berkowitz

9 minute read

November 08, 2017 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: Cross-border discovery is not a new phenomenon. Nor is the conflict that exists between broad U.S. discovery principles, on the one hand, and far more limiting laws of foreign countries, on the other. The issue, though, takes on new significance with the U.S. Supreme Court's acceptance of certiorari last month in 'Microsoft v. United States', where the Second Circuit quashed a search warrant seeking production of emails located on Microsoft's digital server in Ireland.

By Philip M. Berkowitz

9 minute read