Philip M Berkowitz

July 08, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz discusses the Office of the Comptroller of the Currency's new "safety and soundness" guidelines which make talent management, recruitment, succession planning, and compensation practices a focus of boards and senior executive officers at large foreign and domestic banks.

By Philip M. Berkowitz

8 minute read

May 14, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: Employment lawyers often advise on sensitive matters. But what if a matter is so sensitive, or electric, that it is likely to attract the attention of the press? Is formulating a public relations strategy the appropriate role of counsel? If counsel retains an expert to implement a public relations or other strategy, should the attorney-client privilege shield the advice from discovery?

By Philip M. Berkowitz

8 minute read

May 13, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: Employment lawyers often advise on sensitive matters. But what if a matter is so sensitive, or electric, that it is likely to attract the attention of the press? Is formulating a public relations strategy the appropriate role of counsel? If counsel retains an expert to implement a public relations or other strategy, should the attorney-client privilege shield the advice from discovery?

By Philip M. Berkowitz

8 minute read

March 12, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes that notwithstanding their differences in enforcement technique, the SEC Office of the Whistleblower and the EEOC share an interest in assuring that employers not restrain employees and other protected individuals from reporting alleged unlawful activities to either agency.

By Philip M. Berkowitz

7 minute read

March 11, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes that notwithstanding their differences in enforcement technique, the SEC Office of the Whistleblower and the EEOC share an interest in assuring that employers not restrain employees and other protected individuals from reporting alleged unlawful activities to either agency.

By Philip M. Berkowitz

7 minute read

January 08, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: This past year brought to the fore some challenging international labor and employment law issues that are likely to grow in importance in 2015. Some of these issues became front-page headlines—the Sony Pictures data breach and the Volkswagen union drive in Tennessee, among others—while other developments illustrate the increasing strength of global unions and the ever-growing importance of corporate compliance.

By Philip M. Berkowitz

13 minute read

January 07, 2015 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: This past year brought to the fore some challenging international labor and employment law issues that are likely to grow in importance in 2015. Some of these issues became front-page headlines—the Sony Pictures data breach and the Volkswagen union drive in Tennessee, among others—while other developments illustrate the increasing strength of global unions and the ever-growing importance of corporate compliance.

By Philip M. Berkowitz

13 minute read

November 13, 2014 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz reviews important new developments that have expanded the rights of individuals, even those based overseas, to assert whistleblower rights under the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Wall Street Report and Consumer Protection Act of 2010.

By Philip M. Berkowitz

9 minute read

September 11, 2014 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes that most courts disfavor enforcement of non-competes, but in recent years, New York courts have provided avenues for enforcing such agreements. Texas has been a far tougher state in which to enforce non-competes. A recent decision, however, makes New York and Texas unlikely partners in the enforceability of non-compete agreements.

By Philip M. Berkowitz

9 minute read

July 10, 2014 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes that although the Supreme Court's recent decision in 'Fifth Third Bancorp v. Dudenhoeffer' didn't garner the same attention as other employment cases, it may be the most significant, possibly putting at risk the right of Employee Stock Ownership Plan fiduciaries to invest in company stock.

By Philip M. Berkowitz

9 minute read