Philip M Berkowitz

January 14, 2010 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that although Latin American nations still dominate the list of the 10 countries with the most frequent "economic kidnappings," the threat is growing elsewhere, with increasingly bad news emerging from places like Somalia, where pirates have repeatedly attacked vessels sailing off the coast of that virtually lawless nation. When employees are injured while performing their duties, lawsuits seem to swiftly follow. These claims, while previously rare, seem to be on the rise.

By Philip M. Berkowitz

12 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

September 20, 2006 | Law.com

Just back from a cruise to Rangoon? Have you been immersed in dime-store novels since Memorial Day? Let your subscription to Law Week lapse? Herewith, to get you back up to speed, attorney Philip M. Berkowitz offers "a highly arbitrary selection of key employment law cases you may have missed during your summer reverie," covering major employment issues such as retaliation, SOX, extraterritoriality, and releases of Title VII and ADEA claims.

By Philip M. Berkowitz

9 minute read

March 09, 2006 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that employees have sought to extend SOX's whistleblower protection � with mixed success � to mere workplace matters, such as complaints about the company's business decisions. These cases are disturbing enough. Now, putative whistleblowers are adding breach of contract claims to their blunderbuss approach when the employee is terminated in violation of an internal "speak up" policy.

By Philip M. Berkowitz

9 minute read

September 14, 2006 | New York Law Journal

Philip M. Berkowitz, a partner with Nixon Peabody, asks: Just back from a cruise to Rangoon? Have you been immersed in dime-store novels since Memorial Day? He offers a highly arbitrary selection of key employment law cases you may have missed during your summer reverie.

By Philip M. Berkowitz

9 minute read

January 09, 2002 | New York Law Journal

I was in federal district court in Minneapolis recently and I had the opportunity to observe an argument in a hostile environment employment discrimination case which helped to remind me of some simple lessons that may be worth recalling.

By Philip M. Berkowitz

7 minute read

October 13, 2004 | Corporate Counsel

By Philip M. Berkowitz

8 minute read

January 13, 2011 | New York Law Journal

In his Employment Law Issues column, Philip M. Berkowitz, a shareholder at Littler Mendelson, asks: If a U.S.-based client seeks advice from its foreign counsel, does the client have reasonable grounds for assuming the conversation is privileged? He then discusses Judge Scheindlin's decision last week that may shed light on what a U.S. court's view could be.

By Philip M. Berkowitz

9 minute read

November 12, 2009 | Legaltech News

Social media is dramatically changing the way we communicate inside and outside the workplace, while blurring the distinctions between work, home and play. Employers need to take advantage of the opportunities that the new media offers, while avoiding the liabilities it creates.

By Philip M. Berkowitz

10 minute read

September 09, 2004 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that, as defense attorneys are only too aware, people continue to think out loud in e-mails. This is so notwithstanding the high-profile discovery debacles represented by cases involving people like Martha Stewart, Frank Quattrone and even Bill Gates.

By Philip M. Berkowitz

9 minute read