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Cross-Border Employment Law 2018


Speaker(s): Alistair Woodland, Anders Etgen Reitz, Andrez S. Carberry, Carolina Tavares Rodrigues , Catherine LaChapelle, Clive Howard , Dr. Gerlind Wisskirchen, Hironobu Tsukamoto, Isabel Franco, Jenny Welander Wadström, Linda Liang, Louise Patry, Martin L. Schmelkin, Melanie Crowley, Michael D. Mann, Nicola Rabson, Orrie Dinstein, Philip L. Gordon, Philip M. Berkowitz, Rajko Herrmann, Roselyn S. Sands, Susan P. Serota, Wendi S. Lazar
Recorded on: Jun. 6, 2018
PLI Program #: 221134

Anders Etgen Reitz heads the HR legal team at IUNO, a leading law firm in Denmark.

Anders is recognized as one of Denmark’s leading employment lawyers. He is a specialist in international employment law and advises multinationals on conducting business in the Nordic region and around the globe.

Anders is a regular speaker at international conferences on employment law issues. He co-edited several books on international employment law for the ABA's International Practitioner's Deskbook Series. Anders has also written a number of articles on national and international employment law.

Anders is Co-Chair of the Global Employment Institute (GEI) and former Co-Chair of the Discrimination and Equality Law Committee of the International Bar Association (IBA) as well as a former Co-Chair of the American Bar Association (ABA) - International Employment Law Committee.

Anders is on the panel of experts on employment law (fagudvalget for ansættelsesret) and the International Committee of the Danish Bar Association (Danske Advokater). Anders was one of the founding board members of the Danish Employment Lawyers Association (Ansættelsesadvokater) and an active member of the European Employment Lawyers Association (EELA).

Anders received his Master's Degree in Law in 2000 from the University of Copenhagen. He has pursued his international studies at Oxford and Harvard, and in 2005 he received an LL.M. in labour and employment law from New York University.


Dr. Rajko Herrmann is a partner in the Berlin, Germany office of vangard specializing in employment law.

He has been an attorney since 2003 and advises his national and international clients on all areas of individual and collective employment law, including litigation before the courts at all instances. Rajko Herrmann has particular expertise in restructuring and redundancies, industrial relations and co-determination law as well as employment law advice on the incorporation of European companies and all kinds of transactions. A further specialist area is providing employment law advice to companies from the aviation, logistics, IT, software and media industries.

Rajko Herrmann has been a specialist employment law attorney since 2007. He regularly publishes articles and gives seminars on various employment law topics and is described by competitors as “a strong negotiator, very fast and extremely sound” (Juve 2017/2018).


Gerlind Wisskirchen is a specialist lawyer in the area of labor and employment law with a special focus on advising international corporations. The excellence of her advice lies in her knowledge of how to achieve success and her profound understanding of the business environments of her clients, her analytic ability and her strategic, precise, clear recommendations. She and her team are performance-driven and creative and strive to forge workable and strategic client-focused solutions so that undertakings can achieve their business objectives. Part of this advice is project management, thus understanding the relevant factors, defining the goals, selecting the best methods and tools, and precisely implementing the set objectives. Gerlind Wisskirchen advises multinational corporations particularly on the issues of reorganization, national and international labor and employment law and compliance. She provides support to management – as a strategic advisor or member of the supervisory/advisory board – from the HR and labor and employment law perspective when business plans and strategies are being developed. Gerlind Wisskirchen is an expert on digitalization of the world of work and editor of the report ""Artificial Intelligence and Robotics and their impact on the workplace" for the Global Employment Institute.

In a globalized world in which national borders are increasingly diminishing and corporations are facing global challenges, she has particular expertise in cross-border projects like business reorganizations (outsourcing, off-shoring), compliance issues, cross-border compensation programs, cross-border audits and internal investigations, board level codetermination, matrix structures of multinational corporations, the European works council, the implementation of codes of conduct, whistleblowing systems and IT-systems, the posting of employees and data privacy protection issues. She developed the "EU Labor & Employment Law Navigator," a comparative analysis of the labor and employment law systems in Europe.

Gerlind Wisskirchen is a regular moderator and panelist at national and international conferences on the legal issues of international HR management and on issues of cross-border Labor and employment law, such as the International Bar Association, the American Bar Association and the American Employment Law Council. She is a lecturer for the MBA program "International Human Resources Management" at Cranfield University, UK, one of the leading European business schools. She has published numerous articles in German and in English.


Hironobu Tsukamoto specializes in litigation and arbitration of a broad range of commercial disputes, employment disputes and intellectual property disputes. Mr. Tsukamoto counsels and represents both domestic and foreign clients. He is also experienced in advising clients on non-contentious general corporate matters including employment law issues and intellectual property matters. Mr. Tsukamoto also counsels clients regarding employment law issues arising in relation to M&A transactions.

He graduated with an LL.B. from Kyoto University in 1998 and with an LL.M. from the University of Chicago in 2005. He was admitted to practice law in Japan in 2000 and in the State of New York in 2006.  He worked at Weil, Gotshal & Manges (Silicon Valley) as a visiting attorney from 2005 to 2007.


Isabel Franco leads the Anti-Corruption, Compliance & Investigation team at KLA-Koury Lopes Advogados. Ms. Franco has been highly ranked in international directories such as Chambers & Partners (Band 1) and Latin Lawyer Directories.

Ms. Franco has also been voted as #1 leading corporate counsel in Latin America in Anti-Corruption & Compliance by The Latin American Corporate Counsel Association (LACCA). In addition, Ms. Franco is one of the “One Hundred Women in Investigation” indicated by the Global Investigations Review (GIR), April, 2015.         

She is a consultant to several multinationals established in Brazil and has been frequently appointed as an assistant for US for monitors in connection with Deferred Prosecution Agreements. She was appointed in 2017 by the US Department of Justice and Securities Exchange Commission for the monitorship of a Brazilian company with a Plea Agreement with the US authorities.

Prior to her current position, Ms. Franco was an attorney at Demarest e Almeida in São Paulo from 1981 to 1988 when she left to join the British law firm Freshfields, Hong Kong office.  In 1990, she moved to New York to launch Demarest e Almeida's New York office where she worked for almost 20 years.

Ms. Franco has an LL.M in International Law from Fordham Law School in New York.  She is actively engaged in the legal community, having served as the Chair of the International Law Section of the New York State Bar Association in 2001.


Jenny Welander Wadström is a Partner of the Swedish/Finnish law firm Roschier and the Head of the firm's Employment & Benefits practice in Sweden. She is admitted to the Swedish Bar Association. Jenny has more than twelve years of experience from a broad range of the most demanding employment and pension law issues including advice relating to mergers and acquisitions as well as complex restructurings. She is a trusted advisor to both international and large Swedish companies in critical stand-alone employment law matters, dispute resolution processes, including arbitration, and negotiations with individuals and unions. Jenny's previous work experience includes, inter alia, working as an assistant judge at the Swedish Labour Court and as a visiting lawyer at a listed company. She has also worked as a research assistant at the Law Faculty of the University of Lund where she is a regular guest lecturer in employment law.

Awards & rankings

 Jenny is recognized as one of the leading experts in Sweden within employment law and pensions by international legal directories such as Chambers Europe, The Legal 500 and Who’s Who Legal. Clients praise her for being "experienced and calm" and appreciate that "she can take matters to the next level with her candid discussions" (Chambers Europe, 2016).

Career

Roschier (2010-), Partner since 2015

Mannheimer Swartling Advokatbyrå, Associate (2004-2010)

The Swedish Labour Court, Deputy Assistant Judge (2007-2008)

Swedish Match AB, Visiting lawyer (2005)

The Administrative Court of Skåne, Law clerk (2001-2003)

University of Lund, Faculty of law, Research assistant (1998-2001)

Memberships & professional appointments

Member of the Swedish Bar Association

Member of EELA

Member of IBA

Member of Arbetsrättsliga föreningen

Member of TRESS

Publications

"Restrictive covenants – The Nordic way", article published in Festskrift till Ann Numhauser-Henning, Juristförlaget i Lund, 2017

"Fri rörlighet och social trygghet” ("Free movement and social security. Regulation No 1408/71 (EEG) and Swedish social security in application") with E Berg, 2003

Education

University of Lund, LL.M (2001)

University of Tilburg (1999)

University of Sorbonne (2001)


Linda (Yanling) Liang is a partner in the Beijing Office of King & Wood Mallesons. Ms. Liang specializes in labor and social security law, labor arbitration and litigation, trade union law, occupational health and work safety, and so forth.

Ms. Liang has over 20 years of experience in legal practice. She has assisted a great number of multinationals and domestic companies in providing labor law training, as well as drafting and revising employment contracts, employee handbooks, internal rules and policies, secondment agreements, and so forth. Ms. Liang also has tremendous experience in providing legal advice on employment relationships, trade unions, trade secret protections, non-compete agreements, collective bargaining agreements, salaries, social insurance, employee benefits,  vacations and leaves, occupational health and work safety, and other relevant issues. Ms. Liang regularly represents clients in negotiation and mediation, and before labor dispute arbitration committees and courts. She also assists clients in dealing with mass incidents such as strike actions. She has gained rich experience in handling various labor disputes. Ms. Liang specializes in advising clients on due diligence requirements concerning labor law, resolving labor-related issues arising out of mergers and acquisitions, aiding clients in minimizing their exposure to the risks of commercial bribery from the perspective of labor law, and providing legal services for clients in other relevant issues.

Ms. Liang is a board member of the China Labor Law Society, a committee member of the Labor and Social Security Law Committee of the All China Lawyers Association, a part-time arbitrator of the Labor Dispute Arbitration Committee in Beijing Economic and Technological Development Area, and a vice chair of the Employment & Immigration Law Committee of the Inter-Pacific Bar Association. She is also an adjunct professor and tutor in both Tsing Hua University and Capital University of Economics and Business. Ms. Liang was recognized as Best Employment Law Consultant of the Year by China STAFF Awards.

In 2017, Ms. Liang won the prestigious “Employment Lawyer of the Year” award of the China Law & Practice Awards 2017. In 2015, she won the “Recommended Lawyer in Chinese Labor Law” award of the Legal 500. In 2012, she won the “Labor Law Consultant of the Year” award by the Chinese Talents Magazine.


Louise Patry is a partner in the Labour & Employment, Litigation and Corporate/ Commercial practices.

Clients turn to Louise for her expert negotiation and arbitration skills, and her practical, expedient solutions.

Companies across a broad range of industries – public and private, in Canada and internationally – choose Louise to advise on their labour and employment matters. She advises clients on employee transfers, executive compensation, downsizing and consolidations, wrongful dismissal, pay equity, workers’ compensation, health and safety issues, employment aspects of corporate mergers and acquisitions, and pension plans. Over her 36-year career, Louise has also developed significant expertise in international employment law. She routinely advocates client interests before administrative and civil tribunals.

Louise’s experience working for the Quebec Union of Service Employees has given her a unique perspective for negotiating collective agreements and related matters on behalf of her clients.

Louise volunteers her time on pro bono matters for various charities and nonprofit organizations.


Michael D. Mann is a partner in the New York office of Sidley Austin LLP.  His practice focuses on white-collar criminal defense, securities enforcement matters, internal corporate investigations and complex civil litigation.  Michael has represented public companies, financial institutions, board committees, and related individuals in internal, criminal and regulatory investigations, prosecutions and litigations.  He regularly counsels clients on corruption, money laundering and sanctions compliance safeguards, including due diligence of business partners in international business transactions, the design, implementation and maintenance of anti-bribery and other financial crime compliance programs, and the development of proactive compliance monitoring programs. Michael also has extensive experience representing clients in a wide array of complex commercial litigation at both the trial and appellate levels.  He has been recognized as an international leader in Business Crime Defence by Who’s Who Legal, and has been named to the Euromoney LMG Rising Star list and the Rising Star lists for Super Lawyers magazine, a Thomson Reuters publication.  Michael received his J.D. from SUNY Buffalo Law School and his B.A. from the University of Maryland, College Park.


Orrie Dinstein is the Global Chief Privacy Officer at March & McLennan Companies. He has global responsibility for data protection, and he works closely with the Legal & Compliance, IT and Information Security teams, as well as other functions, to establish policies, procedures, processes and tools related to privacy and data protection matters.  Prior to joining Marsh & McLennan, Orrie was the Chief Privacy Officer at GE Capital. 

Orrie received an LL.M. degree in intellectual property from NYU School of Law and is a graduate of the Hebrew University of Jerusalem School of Law.  He is a member of the New York State Bar and the Israel Bar. He is a Certified Information Privacy Professional (CIPP) and a frequent speaker on privacy, security, technology and social media matters.


Philip Gordon chairs the Privacy and Background Checks Practice Group of Littler Mendelson, the nation’s largest law firm representing only management in employment law matters.  He counsels employers on the full range of workplace privacy and data protection issues, including background checks; monitoring employees’ electronic communications; regulating employees’ social media; developing “bring-your-own-device” programs; compliance with the EU’s General Data Protection Regulation (GDPR) and other global data protection laws; HIPAA compliance; and security incident preparedness and response. 

Mr. Gordon speaks regularly, and has published extensively, on privacy and data protection issues.  He has given presentations to the National Association of Professional Background Screeners, the International Association of Privacy Professionals (IAPP), and the American Corporate Counsel Association, among others.  His articles have been published in a wide range of professional journals, including the Privacy and Security Law Report, World Data Protection Report, and Corporate Counsel.  He is co-author of the book “HIPAA Privacy For Employers.” 

Mr. Gordon has taught privacy law as an adjunct professor at the University of Colorado School of Law.  He currently serves on the Advisory Board of Georgetown University Law Center’s Cybersecurity Law Institute.  He also has served on the Advisory Board of BNA’s Privacy and Security Law Report and on the IAPP’s Editorial Advisory Board and Educational Advisory Board. 

Mr. Gordon has been named to Best Lawyers in America since 2014 and has been named a Colorado Super Lawyer since 2006.  He received the Burton Award for Distinguished Legal Writing in 2013 for his article on social media password protection laws and in 2016 for his article on wearable technology in the workplace.

Mr. Gordon received his undergraduate degree from Princeton University and his law degree from the New York University School of Law.  He served as a law clerk on the United States Court of Appeals for the Tenth Circuit.


Roselyn S. Sands heads up the international labor and employment law practice of EYLaw in Paris, France.

Roselyn is a graduate of the University of Florida Business School (B.S., Finance & Anthropology), the University of Miami School of Law (J.D.), as well as the University of Paris Law School (L.L.M). She is admitted to the Paris/Hauts de Seine Bar, as well as the Bar of the States of Florida, New York and California (inactive).

Roselyn started her career in the U.S. focusing her practice on international commercial and employment law litigation with the law firms of Holland & Knight (Miami, Florida) and Proskauer Rose (New York & California). In 1995, Roselyn moved to Paris, France where she practiced international arbitration and employment law with Sales Vincent & Associés and Proskauer Rose. In 2001, she joined EY Société d’Avocats (EYLaw) to build its International labor & employment law practice.

With over 25 years of professional experience, Roselyn is a seasoned lawyer with significant cross-border experience on both side of the Atlantic on Human Resources legal matters, particularly business transformations, mergers and acquisitions, carve-outs, post-transaction integration, global restructuring, Ethics & CSR, works council strategy, tactics & management, employee privacy, health & safety, technology and the workplace, discrimination and harassment issues and, more generally, managing the day-to-day workplace.

Roselyn’s first-hand knowledge of global companies and her business and solutions oriented pragmatism are central to her approach in assisting clients with the challenge of achieving their corporate objectives while complying with rigid and burdensome labor and employment laws around the world.

She is a member of the American Bar Association, International Bar Association, and the European Employment Lawyers Association, organizations for which she is a frequent speaker on global employment-related issues and trends. She is a founding member and sits on the management committee of XBHR, a cross-border HR Forum. She is also senior advisor to the International Employment Law committee of the American Bar Association Section of International Law, and the HR Legal committee of the French-American Chamber of Commerce in Paris.

Roselyn writes for numerous publications, International Employment Lawyer, the IBA and ABA Labor and Employment Law newsletters. She is the editor of the EY Global Labor & Employment Law Newsletter and the author of the French chapter in International Employment Laws (Matthew Bender & Co.); Redundancy Law in Europe and Age Discrimination (Wolters Kluwer); and the Littler Mendelson Guide to International Employment and Labor Law.

Roselyn teaches at many schools in Paris schools, such as the Institut de Sciences Politiques, the University of Paris Law School in both its Human Rights Master of Laws program and its International Human Resources Program (CIFFOP), and the INSEEC Business School of Paris.

For the fourth consecutive year, Roselyn is again listed for 2019 in Who’s Who Legal as one of the most prominent labor and employment lawyers in France.

An American and French national born in Havana, Cuba, Roselyn is fluent in English, French and Spanish.


Wendi S. Lazar is a partner at Outten & Golden LLP in New York where she serves on its Executive Committee, co-heads the firm’s Individual Practice Area and the Executives and Professionals Practice Group. Ms. Lazar practices in many areas of employment law with a focus on executive agreements, including retention, expatriate, non-competition, talent, severance, and compensation arrangements. She also represents teams of executives, founders and partners transitioning during a sale, merger and acquisitions and other corporate transactions. Ms. Lazar’s practice is international in scope, and she advises clients and attorneys in the U.S. and abroad on employment, contract, and often related immigration issues. Ms. Lazar represents individuals, partners, and management teams at portfolio and public companies, financial institutions (including banks, hedge funds, private equity companies), and entertainment, advertising and media companies. She also represents law partners and associates, accounting professionals, doctors and medical practitioners in all transactional matters. Ms. Lazar has served as a commissioner on the American Bar Association’s Commission on Women, where she continues to head the Sexual Harassment and Gender Based Bullying Committee.

Ms. Lazar is the former Diversity Co-Chair and a member of the Executive Committee of the New York State Bar Association Labor & Employment Section, and is an active member of the ABA and NYSBA committees. She is former Employee Co-Chair of the American Bar Association Labor and Employment Law Section’s International Labor and Employment Law Committee.

Ms. Lazar writes and regularly lectures on employment issues to bar associations and industry groups and has had numerous legal articles and book chapters published. She was co-author and Editor-in-Chief of “Zero Tolerance: Best Practices for Combating Sex-Based Harassment in the Legal Profession,” published in 2018 by the ABA. Ms. Lazar also co-authored as Co-Editor In-Chief, "Restrictive Covenants and Trade Secrets in Employment Law: An International Survey," published in 2010 by the BNA and its supplements through 2013, which includes the chapter “Confidentiality, Trade Secrets, and Other Duties and Restrictive Covenants in a Global Economy.” In addition, she is also the author of the chapter “Negotiating and Drafting Expatriate Employment Agreements," in the 3rd Edition of Vol. 1B of International Labor & Employment Law, published in 2009 by the BNA.

Martindale-Hubbell recognizes Ms. Lazar as an AV “Preeminent” rated attorney. She was named to Best Lawyers in America 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019 in the field of Employment Law – Individuals. Ms. Lazar was also recognized by Super Lawyers in 2012, 2013, 2014, 2015, 2016, 2017 and 2018. Ms. Lazar has been selected as a 2013, 2014, 2015, 2016, 2017 and 2018 Lawdragon 500 Leading Lawyer. In 2014, Ms. Lazar was elected as a Fellow to the College of Labor & Employment Lawyers. Ms. Lazar was named a New York Law Journal: Top Women in the Law 2016. She is also a Board Member of Work Life Law, UC Hastings College of the Law. Before she began practicing law in 1993, Ms. Lazar was a film and television producer. Her ten years of experience in that field include many television and feature film credits as well as an Emmy Award. Ms. Lazar graduated magna cum laude from Hunter College and received her J.D. cum laude from Benjamin N. Cardozo School of Law, where she received a Ford Foundation Fellowship in International Law and was an Alexander Fellow, participating as a federal judicial law clerk.


Andrez is an Associate General Counsel and Head of Risk Management at US Foods. He serves as the “go to” legal representative to senior management on enterprise wide business matters including commercial and transactional negations and complex business projects that impact the regions and the business.  Provides strategic guidance and counsel to the business and the legal department to achieve business goals and to ensure compliance and ethical business practices across the organization.  He is also responsible for the design, management and placement of insurance and risk management programs to mitigate company exposure and appropriately transfer company risk.

Prior to joining US Foods, Andrez served as the Chief Counsel of Global Labor, Employment & Social Responsibility; and Regional Compliance Director, North America at Avon Products, Inc.  In that capacity he served as the chief human resources attorney for the company, participated on Avon’s Global Human Resources Leadership Team and lead the Global Legal Organization’s Human Resources Practices Group.  As Compliance Director for NA, he counselled the business on varying matters and worked with a global team to identify risks, design and implement controls to mitigate those risks, track and report the effectiveness of said controls. Andrez also served as counsel to the NA business.

Andrez was formerly a Senior Litigation and Labor & Employment Associate at Fox Rothschild’s New York Office where he handled varying commercial litigation and employment related matters for a variety of clients in various industries.  He also served as an Assistant Corporation Counsel with the New York City Office of the Corporation Counsel, Labor and Employment Division, where he successfully litigated several matters in state and federal courts, and tried several federal jury cases, including a wage and hour class action jury trial.  Andrez also served as an Adjunct Professor at Hofstra University School of Law. 

Andrez received his Juris Doctorate from Hofstra University School of Law where he was the commencement speaker; and a Bachelor’s Degree in Political Science and a Master’s Degree in Policy Analysis from Stony Brook University.  Andrez is very active in the legal arena and is a frequent speaker on various topics.  Andrez is also on the Board of Directors for the Pajama Program where he focuses his efforts on aiding children in need, with an emphasis on the teenagers. 


Brazil Labour & Employment Senior Counsel of General Electric, born in São Paulo, SP, Brazil; admitted to practice in 2003, São Paulo, SP, Brazil.

Ms. Rodrigues has more than fourteen years of experience in the labor and immigration area, with focus on: assistance in consultations related to the Brazilian labor, employment and immigration laws; drafting and reviewing employment, services and executive agreements; drafting and reviewing local and global compensation plans and policies; assistance in hiring and termination of executives; assistance in procedures related to the opening and closing of business in Brazil; management of labor litigation.

Legal education: School of Law of the University of São Paulo, Brazil (LL.B., 2003), International Institute of Social Sciences, São Paulo, Brazil (Postgraduation in Labor Law, 2005).

Membership: Brazilian Bar Association.

International Rewards: Recognized in “Women in Law Awards” of Lawyer Monthly Magazine in 2014 and 2016 // Mentioned as “associates to watch” in the Labour and Employment area in the years of 2010 and 2011 of Chambers and Partners Latin America // Mentioned as a recognized lawyer in the Labour and Employee benefits area in the years of 2008, 2009 and 2010 of PLC Which Lawyer.


Catherine currently serves as lead in-house labor and employment counsel for Molex, LLC, a subsidiary of Koch Industries, Inc.  She has been with the Koch companies since 2005.  In addition to supporting the highly diverse range of Koch and Molex affiliates in the full spectrum of HR-related legal and compliance challenges faced by large multi-national employers, Catherine is also responsible for the data privacy practice area. 

Prior to joining Koch, Catherine was an associate and later counsel with the international law firm Salans (now Dentons) in New York, New York.  During her time in New York, she served as a Commissioner on the City of New York Equal Employment Practices Commission.  She began her career in the labor & employment group of Phelps Dunbar LLP in Jackson, MS, following a clerkship with the Honorable Tom S. Lee of the United States District Court for the Southern District of Mississippi. 

Catherine holds a BA in English from Millsaps College, an MA in English from Vanderbilt University, and a JD from the Mississippi College School of Law.  She lives in Glen Ellyn, IL with her husband and two children.


Clive is a Senior Principal Lawyer with Slater and Gordon Lawyers in London.

He undertakes all types of employment and partnership law work for his clients, with particular expertise in acting for individuals during contentious exits, whistleblowing and discrimination claims.

Clive has handled very high profile cases including acting for senior whistleblowers in the financial and public sector.  He also advises employees in the financial services sector on FCA compliance and disciplinary issues.

Clive has considerable experience of cases involving cross-border issues, and indeed has spoken at conferences worldwide on this topic.

Clive is ranked by Chambers UK as a “leader in the field” for acting for senior executives and employees.  He is also ranked in Legal 500 and Who’s Who Legal.

Clive sits on the editorial committee of the Employment Lawyers Association, and through Slater and Gordon, is a UK member of the LINEE Network (the Lawyers International Network for Employees and Executives).

Clive graduated from Oxford University and joined Russell Jones & Walker which in turn became part of Slater and Gordon.


Littler Mendelson, P.C. is the largest employment law firm representing management in the United States, with over 1,200 lawyers in the U.S., Canada, Germany, France, the United Kingdom, and throughout Latin America.

Philip Berkowitz is co-chair of Littler 's Financial Services Practice Group and co-chair of its International Employment Law Practice. 

Mr. Berkowitz advises multinational and domestic companies in industries including financial services, oil and gas, pharmaceuticals and chemicals, manufacturing, publishing, and other sectors on employment-related matters.  He has significant experience advising U.S., Asian, and European multinationals.  He also represents prominent international law firms in their U.S. employment law matters.

Mr. Berkowitz has repeatedly been named in America's Leading Lawyers for Business - Chambers USA; the Best Lawyers in America; and the International Who's Who of Management Labour and Employment Lawyers - Who's Who Legal.  He is a regular lecturer, nationally and internationally, on labor and employment and HR issues, is a columnist for the New York Law Journal, and is author of numerous legal publications.

Mr. Berkowitz is Co-Chair of the International Bar Association (IBA) Diversity & Equality Committee.  He is former Chair of the American Bar Association Committee on International Law, and is former Chair of the New York State Bar Association International Law and Practice Section. 

Education

Cornell Law School, 1977-78
Northwestern School of Law, J.D. 1978
State University of New York at New Paltz, B.A. 1975


Melanie is a partner and head of the Employment Law & Benefits team in Mason Hayes & Curran in Dublin. Her diverse practice covers the full range of employment law issues, both for employers and employees, as an advisor to clients on complex non-contentious workplace issues and as an experienced litigator before all employment related fora.

Melanie has advised many large companies either entering the Irish market for the first time or increasing their market presence and on all matters relating to their workforces, often involving hundreds of employees. She assists clients in drafting bespoke employment contracts, agreements and HR policies and procedures. Melanie also provides on-going support to HR managers in relation to the management of day to day disciplinary issues, the handling of employee related complaints, senior exits, internal reorganisations and rationalisations, terminations and transfer of undertakings. She also provides support on the employment aspects of corporate acquisitions. 

Melanie regularly participates as a speaker in leading international conferences and has contributed to several international publications in the area, such as the Irish chapter of the International Expatriate Employment Handbook, the Irish chapter of EU and International Employment Law, the Irish chapter of Employment and Labour Law – Jurisdictional Comparisons and the Irish chapter of Restrictive Covenants and Trade Secrets in Employment Law – An International Survey. Melanie is also involved in the education of lawyers with the Law Society of Ireland and is the external examiner in Employment Law.

Melanie is the go-to employment lawyer for some of Ireland’s biggest domestic and multi-national companies and employers including Facebook, Twitter, LinkedIn, Adobe, Oath (formerly AOL, Yahoo!)  Accenture, the Legal Aid Board, the Health & Safety Authority,  arvato, Activision and Western Union.

 

Education

University College Dublin (Diploma Employment Law)

University College Dublin (Business and Law)

 

Memberships

International Labor Law Committee of the Labor and Employment Section of the ABA

American Employment Lawyers’ Council (AELC) – Member of Advisory Board

European Employment Lawyers’ Association (EELA)

Employment Lawyers’ Association (ELA)

Employment Lawyers Association of Ireland (ELAI)

 

Recommendations

Chambers Global, 2017 -  “Has a depth of experience and is really commercial in her approach."

The Legal 500, 2017 - "Tactically astute"


Nicola is global head of the Employment and Incentives Group and is a very well-known figure in the employment law world with significant experience across the breadth of employment law.

She tackles the most complex of employment litigation and advice with extensive experience of High Court and Tribunal litigation. She is listed as a leading individual in Legal500 and Band 1 in Chambers and is regularly cited in the press as an authority in employment law matters. Her core clients regard her as the point of contact for their most challenging and sensitive matters.

Nicola has provided a wealth of advice in relation to remuneration and has managed a number of significant bonus claim cases (both within the High Court and Tribunal system). She has defended interim applications of significant value and numerous high-value discrimination and whistleblowing claims (which have been brought by both single and multiple claimants). She is also regularly involved in litigation with multiple jurisdictions. Nicola is highly regarded by clients and peers alike. According to Chambers UK research “She has technical ability, commercial judgement and a calm, unflappable manner” and Legal500 UK reports that Nicola is recognised for her “very good industry knowledge of the financial services sector”; she is “tough, efficient and committed, and will find the practical solution to any problem”. She was the Times Lawyer of the week in June 2017 for her work on the Kevin Beatt whistleblowing case in the Court of Appeal. She is also actively involved in regulatory matters including speaking at the FCA/PRA on whistleblowing and contributing to the regulatory reference work as part of the Fair and Effective Markets Review.

Although now full-time, Nicola is also a believer in flexible working and was listed by the Financial Times as a Power Part-Timer in 2012. She was also listed as a top 20 LGBT ally by OUTstanding in October 2014 after setting up the ally programme at Linklaters. She is a firm believer in the importance of diversity and inclusion and regularly speaks at events that focus on people management, leadership and diversity.


Alistair Woodland is a partner in the London office of Clifford Chance LLP. He specialises in all aspects of employment law, including: pay regulation; complex /high value Employment Tribunal and High Court litigation; the enforcement of confidentiality provisions and restrictive covenants (including injunctions); team moves; executive terminations; and regulatory investigations, with a particular focus on financial services clients.


Marty Schmelkin served as an in-house employment counsel for 15 years at a leading global financial institution, providing him with a practical and business-oriented perspective that he brings to the practice. Marty represents employers in all aspects of employment law, advising on litigation strategy, leading workplace training programs, coordinating the implementation of policies and programs across multiple global jurisdictions, and counseling on recruitment, hiring, compensation, promotions, as well as disciplinary and termination activity. Marty understands the legal and business challenges facing employers and has a particular in-depth experience with financial services firms, including investment banks, hedge funds, private equity firms, and asset managers. He counsels financial services firms on employment related FINRA arbitrations and regulatory filings.

Marty has worked extensively in the area of corporate diversity and regularly advises employers on their implementation of US and global diversity policies and programs. Marty also has broad experience with the obligations of federal contractors including the preparation of affirmative action plans and responses to OFCCP and related regulatory audits. Prior to joining Jones Day, Marty worked for 15 years in the legal department of Goldman Sachs, where he was a managing director and associate general counsel in the employment law group. While there he spent time in the firm's Hong Kong office covering employment law matters throughout Asia and also had responsibility for employment law in non-U.S. offices in the Americas. Marty is a member of the board of the Cornell University School of Industrial & Labor Relations (ILR) Alumni Association.


Susan P. Serota is a partner in the New York office of the law firm of Pillsbury Winthrop Shaw Pittman LLP and National Chair of its Executive Compensation and Employee Benefits practice. She received her law degree from New York University School of Law.

Ms. Serota is a past Chair of the ABA Section on Taxation, and is a past President of the American College of Employee Benefits Counsel.  She is a former Chair of the ABA Joint Committee on Employee Benefits and a former Chair of the Employee Benefits Committee of the Section on Taxation. Ms. Serota has also served as a member of the Executive Committee of the New York State Bar Association. Ms. Serota co-chairs the ABA National Institute on Employee Benefits in Corporate Transactions and has been a speaker at the ABA National Institute on Compensation for Executives and Directors. She is a frequent speaker on ERISA fiduciary issues. Ms. Serota serves as a member of the Editorial Advisory Boards of the Benefits Law Journal and Tax Management and has served as Co-Chair of the International Pension and Employee Benefits Lawyers Association. Ms. Serota is the Editor of ERISA Fiduciary Law, 2d ed. (BNA Books 2011). In 2013, Ms. Serota was named the Employment Lawyer of the Year by Chambers USA Women in Law.