Philip M Berkowitz

January 13, 2005 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that employment lawyers have been inundated in the last few weeks with calls from clients asking whether the new American Jobs Creation Act affects various severance pay plans and other deferred compensation plans.

By Philip M. Berkowitz

11 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

January 19, 2007 | Law.com

Reports of multimillion-dollar settlements of class actions under the federal Fair Labor Standards Act have been so rampant that a casual observer could be excused for believing that the news is dismal for many employers. But a number of recent developments suggest a turning of the tide, at least with respect to discrimination cases. And even in FLSA cases, the courts and the Labor Department have made it clear that plaintiffs don't enjoy a free pass, writes attorney Philip M. Berkowitz.

By Philip M. Berkowitz

10 minute read

November 29, 2007 | Law.com

In order to discourage an employee from bringing a suit after signing a release agreement, employers have historically added a covenant not to sue. That covenant usually includes a promise that if the employee sues, he or she will pay the employer's defense costs. Attorneys Philip M. Berkowitz and Randy S. Gidseg caution that due to the federal Older Workers Benefits Protection Act, it might be best for employers to forego use of such a covenant when drafting releases of age bias claims.

By Philip M. Berkowitz and Randy S. Gidseg

6 minute read

July 14, 2011 | New York Law Journal

In his Employment Law Issues column, Littler Mendelson shareholder Philip M. Berkowitz discusses the SEC's recently-enacted final rules on whistleblowers, how some employers are making internal reporting systems more attractive with financial rewards and the compliance challenges of doing so, and employment contract provisions on reporting wrongdoing.

By Philip M. Berkowitz

8 minute read

January 12, 2006 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that vocally unhappy employees and former employees have always created problems for employers. In the new era of e-mail, blogging, and the Internet, these complaints become much more disruptive and difficult to ignore.

By Philip M. Berkowitz

9 minute read

September 09, 2010 | New York Law Journal

In his Employment Law Issues column, Philip M. Berkowitz, a shareholder at Littler Mendelson, writes: Executives, like other public figures, are prone to human frailties. But what has changed in recent years is that scandals are more likely to become public knowledge - and the executive is more likely to be ousted as a result of the alleged behavior. In a new era of corporate social responsibility, for better or worse, these issues cannot simply be swept under a rug.

By Philip M. Berkowitz

10 minute read

March 10, 2005 | New York Law Journal

Philip M. Berkowitz, a partner in the labor and employment group at Nixon Peabody, writes that it seems fitting to recall Samuel Morse's first telegraph message while his telecommunications progeny Bernie Ebbers, former chief executive of WorldCom, awaits the jury's verdict in his trial for accounting fraud. Meanwhile, another senior executive of a major corporation has been undone � not by business fraud, but by a personal affair.

By Philip M. Berkowitz

8 minute read

November 09, 2006 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes that in the new age of the whistleblower, an employment lawyer who one day advises on a routine employee discipline or discharge may the next day find him or herself directing a multi-disciplinary investigation of alleged corporate malfeasance, guiding a team of forensic accountants, private investigators, and public relations experts.

By Philip M. Berkowitz

8 minute read

September 10, 2009 | New York Law Journal

Philip M. Berkowitz, a partner at Nixon Peabody, writes: Over the Labor Day weekend, representatives of the 20 largest economies in the world met in London to address the economic crisis. Treasury Secretary Timothy Geithner issued a brief statement, the largest portion of which focused on the need to impose international restrictions on executive compensation. In the past, his words have presaged federal legislation in this area.

By Philip M. Berkowitz

10 minute read