Philip M Berkowitz

May 08, 2014 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz writes: Despite the significant brouhaha over the agreements at issue in 'eBay,' the settlement with the DOJ is far from a death knell for no-poaching agreements.

By Philip M. Berkowitz

8 minute read

March 13, 2014 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz of Littler Mendelson writes: Last week, the U.S. Supreme Court ruled in favor of granting broad whistleblower rights under Sarbanes-Oxley to any individual who is employed by a third party to provide services to a publicly traded company. But the court's full-throated endorsement of attorneys bringing these claims makes no mention of confidentiality or privilege, and seems at odds with the discomfort reflected by the New York courts, as well as NYCLA's Professional Ethics Committee.

By Philip M. Berkowitz

9 minute read

January 09, 2014 | New York Law Journal

In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz writes: Sarbanes Oxley's creation of a new category of federal whistleblowers is now more than 10 years old, and Dodd-Frank's expansion of those rights is going on four years, but the rights of individuals to bring whistleblower claims, the appropriate standards of proof, and how employers may defend these claims, continue to bedevil litigants and the courts. The year 2014 is likely to be a watershed one for resolving a number of these key issues.

By Philip M. Berkowitz

10 minute read

November 29, 2013 | New York Law Journal

Philip M. Berkowitz, a partner at Littler Mendelson, discusses differing approaches to privilege, confidentiality and discovery, recommending that multinational companies segregate confidential or privileged information from individuals who do not have a need to know; consider receiving advice orally and not by email; and select favorable choice of law and choice of forum clauses in contracts and other agreements that may be subject to legal challenge.

By Philip M. Berkowitz

9 minute read

September 20, 2004 | National Law Journal

This summer, the federal government issued final regulations for what may prove to be the most important anti-discrimination law passed in many years, the whistle blower provisions of the Sarbanes-Oxley Act of 2002. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released the long-awaited regulations on Aug. 24. While these regulations may have arrived quietly, their impact on business cannot be underestimated.

By Philip M. Berkowitz

8 minute read

January 12, 2012 | New York Law Journal

In his Employment Law Issues feature, Philip M. Berkowitz, a partner at Littler Mendelson, writes: Employers considering mandatory arbitration of class or collective actions need to think again. Last week, the NLRB upended the law in this area, ruling that requiring employees to waive class or collective actions and instead arbitrate individually all employment-related disputes, violates the National Labor Relations Act.

By Philip M. Berkowitz

14 minute read

September 13, 2012 | New York Law Journal

In his Employment Law Issues column, Philip M. Berkowitz, a partner at Littler Mendelson, writes: Multinational employers often negotiate, with their key employees, employment agreements and restrictive covenants that prohibit unfair competition across borders. To prevent inconsistent judgments and give the parties a firmer expectation regarding their rights, many employers negotiate choice-of-law and choice-of-forum provisions that select one jurisdiction's laws or forum over another.

By Philip M. Berkowitz

9 minute read

March 14, 2013 | New York Law Journal

In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz writes: Justice Antonin Scalia's recent comments during oral argument on the challenge to the Voting Rights Act have set off a storm of controversy. Scalia's observations do not seem consistent with those of global employers who are seeking to redouble their efforts to attract and retain minorities, to foster equitable treatment of employees, and to renew their commitment to ethical and legally compliant business practices.

By Philip M. Berkowitz

9 minute read

November 10, 2011 | New York Law Journal

In his Employment Law Issues column, Philip M. Berkowitz, a partner at Littler Mendelson, writes: Even if conducted by or at the direction of counsel, it is entirely possible that an internal investigation is not privileged, and materials that start as privileged may not remain so during a civil litigation or government investigation down the road.

By Philip M. Berkowitz

9 minute read

July 12, 2012 | New York Law Journal

In his Employment Law Issues column, Littler Mendelson partner Philip M. Berkowitz writes: While policies permitting employees to use their personal mobile devices to create, store, and transmit work-related data may reduce expenses, aid in recruiting new employees, and allow employers to more quickly take advantage of new technologies, having corporate data transferred and stored on employee-owned personal devices creates significant regulatory, e-discovery, confidentiality and compensation challenges.

By Philip M. Berkowitz

9 minute read