American employees of the subsidiary sometimes bring claims of discrimination based on what they perceive as unfairness when comparing their treatment with that received by rotational employees.

A recent Southern District case, Schanfield v. Sojitz Corp.1 represents something of a breakthrough for foreign companies doing business in the United States, illustrating special defenses sometimes available to those companies. But the case is notable not only for the employer’s successful invocation of these defenses—it also demonstrates the benefit of responding proactively when an employer learns that the employee has improperly removed trade secrets from the workplace when pursuing employment-related claims.

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