Philip M Berkowitz

July 16, 2012 | Corporate Counsel

The rapid adoption of mobile devices by employees -- iPhones, iPads, Android smartphones, and other devices -- creates new challenges for employers.

By By Philip M. Berkowitz

9 minute read

November 08, 2012 | New York Law Journal

In his Employment Issues column, Philip M. Berkowitz, a partner at Littler Mendelson, writes: What impact did President Barack Obama's positions on employment and labor law have on his reelection? The short answer is: a lot.

By Philip M. Berkowitz

7 minute read

November 05, 1999 | Law.com

Although courts have recognized that employers are entitled to search the workplace for legitimate purposes, employees are not without rights in the face of such a search. This article examines the propriety of workplace searches and gives practical guidance to employers who wish to conduct them properly.

By Philip M. Berkowitz

11 minute read

March 27, 2006 | National Law Journal

Blogs have introduced significant new elements in labor and employment law. Inexplicably, despite the fact that blogs are generally open to anyone who has access to the Internet, bloggers often consider what they write somehow to be private and anonymous.

By Philip M. Berkowitz

8 minute read

May 09, 2013 | New York Law Journal

In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz discusses the benefits and challenges for both the individual and employer in structuring an overseas assignment as an expatriation, with the employee remaining on the payroll of the U.S. entity but assigned to a Chinese affiliate, or a local hire, with the U.S. employee signing an employment contract directly with the affiliated company in China.

By Philip M. Berkowitz

9 minute read

July 11, 2013 | New York Law Journal

In his Employment Issues column, Littler Mendelson partner Philip M. Berkowitz discusses the federal laws designed to protect U.S. national security by prohibiting the export of sensitive U.S.- origin goods, technology or services, which can create compliance headaches for all employers engaged in sensitive industries who must enforce those requirements in a non-discriminatory way.

By Philip M. Berkowitz

10 minute read

May 10, 2012 | New York Law Journal

In his Employment Law Issues column, Littler Mendelson partner Philip M. Berkowitz writes: As businesses increasingly become global and multinationals seek the best platform for economic growth, cross-border assignments of executives have become more common and more important. Employers who practice global mobility must have in place appropriate policies and procedures that reflect best practices.

By Philip M. Berkowitz

9 minute read

March 08, 2012 | New York Law Journal

In his Employment Law Issues column, Littler Mendelson partner Philip M. Berkowitz writes: The argument before the Supreme Court last week suggests that the Court is troubled by the idea of recognizing corporate liability under the ATS. Indeed, the request for oral argument suggests that the Court is taking a new look at whether the ATS can ever permit a lawsuit based on conduct occurring outside the United States. Nevertheless, companies and executives may be targets of these lawsuits individually, and in the Internet era, the damage to a company's brand may be more important than whether an individual can state a claim in court.

By Philip M. Berkowitz

12 minute read

January 10, 2013 | New York Law Journal

In his Employment Issues column, Littler Mendelson's Philip M. Berkowitz discusses some cases coming before the U.S. Supreme Court that involve affirmative action and identifying which employees qualify as supervisors whose actions can result in vicarious Title VII liability for hostile environment; and other key issues that will be seen in 2013 such as mandatory arbitration of collective actions, employee social media use, health care coverage, personnel records kept in the cloud, and more.

By Philip M. Berkowitz

12 minute read

May 10, 2007 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that today, virtually every major company and law firm has put diversity on its front burner. But no matter how beneficial and admirable the goal, employers need to carefully assure that in achieving diversity, employees are not victims of "reverse discrimination." A recent Second Circuit case may open the door to more claims of this nature.

By Philip M. Berkowitz

8 minute read