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International Employment Law 2012


Speaker(s): Anders Etgen Reitz, Beth Adamson, Bettina Bender, Dr. Thomas Müller-Bonnani, Edward C. O'Callaghan, Elizabeth A. Lalik, Gary R. Siniscalco, George A. Pierce, Louise Patry, Manuel Martinez-Herrera, Michelle A. Miller, Philip M. Berkowitz, Raffaella Betti Berutto, Wendi S. Lazar
Recorded on: Jun. 1, 2012
PLI Program #: 38284

Beth Adamson is a Managing Director and Head of Human Resources for Rothschild North America. Beth joined Rothschild in 1999 to start a Human Resource function for the US and Canada.  Beth is currently responsible for all aspects of human resource management for North America. Beth has over twenty years of human resource experience across all discipline particularly benefits, compensation, employee relations and recruiting. During Beth's tenure she has developed and implemented several compensation plans and incentive plans.  Beth is a member of Rothschild's North America Leadership Council, Co-chair of the Recruiting and Development Committee and a Trustee of the Rothschild North America 401K/Profit Sharing Plan. 

Prior to joining Rothschild, Beth was the Chief Operating Officer in the Industrials team of Investment Banking division at Credit Suisse and previously held a position as a Human Resource generalist in the Equities division. Beth started her career in human resources in 1991 at Bankers Trust where she held various human resource positions across investment banking, sales and trading and operations management. 

Beth received a Bachelor's degree in Economics from Fordham University and completed the Advanced Human Resource Executive Program at the University of Michigan's Business School.     


George A. Pierce  joined Toyota Tsusho America in 1993 and established the company's Legal Department. He oversees legal matters concerning the company's operations in the United States, Canada and Mexico. He also serves on the boards of directors of several subsidiary companies.

Before joining Toyota Tsusho America, Mr. Pierce was associated with Mudge Rose Guthrie Alexander and Ferdon where he had extensive experience in various litigation matters including environmental insurance coverage, white collar, internal investigations, trade and regulatory compliance.

Mr. Pierce received his law degree from the University of Denver College of Law in 1981. He also holds a Master's Degree in Sociology from the University of Northern Colorado and a Bachelor's Degree with majors in Psychology and Japanese Language, from the University of Colorado, Boulder.


Michelle Miller is Vice-President/Chief Counsel, Employment Law at Medtronic, Inc. In that capacity, she is responsible for employment, workplace and immigration legal matters. Her role is designed to proactively identify and address workplace legal, policy and employee relations issues, as well as providing appropriate legal guidance and resources for senior management.  

Prior to entering law school, Miller was a teacher, counselor, college administrator and worked with human resource issues. A 1986 graduate of the University of Minnesota Law School, Miller received a Master's Degree in 1977 from Southern Methodist University and a Bachelor's Degree from Indiana University in 1970. Previously with the law firm of Leonard, Street and Deinard, Miller joined Medtronic in 1996.  Miller has also served as a Special Master for the Federal District Court of Minnesota and the Eastern District of Michigan for a substantial employment discrimination class action.

Miller also has a long history of community service. Recently named to the University of St. Thomas Law School Board of Governors and the YWCA Board, Miller has served as a board member of the Minnesota Technical and Community Colleges and The Children's Theater Company. She served on the Board of Directors of the Minnesota Association of Black Lawyers and the Minnesota Women Lawyers, Minnesota State Bar Association Labor/Employment Law Governing Council, the Minneapolis Children's Hospital Institutional Review Board and Greater Twin Cities Youth Symphonies Orchestra. Miller is a member of the Executive Leadership Council, the Minnesota African American Leadership Forum and Twin Cities Diversity in the Law Group. She has been recognized as one of the Top 100 Most Influential Blacks in Corporate America for 2008 by Savoy Professional Magazine, as well as 2007 Women Worth Watching by The Diversity Journal.  Miller is a frequent presenter of employment-related subjects including harassment, investigations, the Americans with Disabilities Act, as well as workplace diversity, career development and leadership competencies.


Raffaella Betti Berutto is a partner of Gianni, Origoni, Grippo & Partner. She is an expert in employment and industrial relations as well as in the transfer of undertakings, restructuring and reorganisation process, lay-offs, compensation & benefits, employment agreements for expatriates and managers, as well as human resource management.

Raffaella assists multinational and domestic companies on a wide range of global employment issues and gives strategic advice on start-up activities, workforce expansion or downsizing.

After graduating in law maxima cum laude from the University of Rome in 1989, she attended the City of London Polytechnic, 1989; Academy of American and International Law, The South-western Legal Foundation, University of Texas, Dallas, 1993.

She is admitted to the Italian Bar and she is a member of the International Aviation Womens Association (IAWA), the European Employment Lawyers Association (EELA) and the International Bar Association (IBA) and the American Bar Association (ABA).

She has published several articles and contributions on labour and employment laws, in local and international periodicals and newspapers.


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 Thomas Müller-Bonanni LL.M. is a partner with Freshfields Bruckhaus Deringer and the firm's head of the German speaking Employment Pensions and Benefits practice group. His practice covers the full range of labor and employment law with a special focus on mass lay-offs, restructurings, and mergers & acquisitions. Thomas has also broad experience in advising on remuneration systems including stock options. He furthermore represents regularly major German and international corporates in senior executive matters.

Recent work

His recent work includes advising Porsche on their conversion into a European Stock Corporation, ThyssenKrupp on the restructuring and sale of their shipyards business, E.ON on their group-wide restructuring program p2w and Weight Watchers on a reorganization of their sales organization.

Publications

Thomas is a regular lecturer at HR specialist seminars, both at national and international level, and author of numerous legal publications. Inter alia, Thomas is a co-editor of the American Bar Association's Practitioner's Guide to International Employment Law. He is also an author in a leading German handbook on labor and employment law and a handbook on international corporations.

Additional information

Thomas received his legal education at the universities of Cologne, Germany, Geneva and Lausanne, Switzerland. He holds an LL.M. degree of New York University and was a scholar of the German Academic Exchange service.


Edward O’Callaghan has over twenty years of litigation experience in criminal and civil matters both in private practice and in government service. His practice focuses on defending financial institutions, public companies, asset management firms, and individuals in international and domestic regulatory investigations and criminal prosecutions, including cases involving allegations of securities fraud, insider trading and market manipulation, bank fraud, money laundering, accounting fraud, health care fraud, corruption, RICO, criminal antitrust, and matters involving alleged violations of the United States export controls and the FCPA.

Recent public instructions include the representation of Jeffrey Webb, the former President of CONCACAF and FIFA Executive Committee Member in the criminal Racketeer Influenced and Corrupt Organizations Act (RICO) indictment pending in the United States District Court for the Eastern District of New York, and Fokker Services, B.V., in the successful negotiation of a Deferred Prosecution Agreement with DOJ involving historical violations of the U.S. sanctions, and related court proceedings in United States District Court for the District of Columbia and the United States Court of Appeals for the D.C. Circuit. Edward has represented five of the largest financial institutions in the world in grand jury investigations, regulatory enforcement and compliance matters and in transactional due diligence investigations. He also handles complex civil cases, conducts internal investigations for corporate clients and constructs effective global compliance and risk assessment programs for multi-national corporations.

From 1999 until 2008, Edward was an Assistant U.S. Attorney for the Southern District of New York, and Co-Chief of the Terrorism & National Security Unit during the last three years of his tenure. He acted as the lead prosecutor on a number of high-profile matters including the Department of Justice’s international financial fraud investigation and prosecutions related to corruption in the United Nations Oil-for-Food Program, RICO prosecutions of crime families, numerous banks and securities fraud cases, Foreign Corrupt Practices Act (FCPA) matters, export control enforcement, and other cases.

Mr. O’Callaghan is a recipient of the US Attorney General’s Award for Distinguished Service (2008) and the Director’s Award for Superior Performance as an Assistant US Attorney (2000).  He received a B.A. Government (magna cum laude, Phi Beta Kappa) from Georgetown University in 1991, a J.D. from New York University School of Law in 1994 and was admitted as an Attorney-at-Law in New York in 1995.  After law school, he was Law Clerk to the Honorable Kevin Thomas Duffy, United States District Judge for the Southern District of New York.


FRONT: Manuel Martinez-Herrera is the VP of Legal Affairs at BetterCloud where he is responsible for the corporate, technology, regulatory, privacy and employment legal needs of the company.

BACK: Manuel has been practicing law for more than 15 years including stints in Barcelona, Madrid, Buenos Aires and New York. Before joining BetterCloud, Manuel was the VP of Legal and Compliance at Namely - the HR, Payroll and Benefits platform - where he headed a wonderful team of legal and compliance professionals.

Manuel spent most of his formative years as a lawyer as a member of the Global Data Privacy and Security Group and an associate in the International Labor and Employment Law Department of White & Case, a leading global law firm, where his practice focused on counseling multinational employers on cross-border human resources and data privacy issues affecting multiple countries and jurisdictions. 

Manuel loves pencils, Roberto Bolaño novels and Real Madrid.

Manuel holds an LLM from Harvard Law School where he was a Real Colegio Complutense Scholar and a Licenciatura en Derecho (J.D. equivalent) from Universidad Pontificia de Comillas in Madrid, Spain.  


Gary Siniscalco, Senior Counsel and Co-Chair of the EEO & OFCCP Compliance Group, has significant experience advising clients on complex employment litigation and advisory matters. He has particular experience in counseling and litigation defense for clients on equal opportunity, affirmative action (OFCCP) compliance, wrongful discharge, wage-and-hour matters and in working with companies on cross-border employment issues.

Gary has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor. He brings a particularly unique perspective to clients on matters involving the EEOC, having served as regional counsel and senior trial attorney for the U.S. Equal Employment Opportunity Commission in San Francisco prior to joining Orrick.

Gary also has an extensive class actions practice, focusing on litigation, consent decree strategies and preventive advice. He has been designated as an expert or retained as special counsel in several federal court class actions throughout the United States.

Gary’s counseling practice extends beyond the United States and includes assisting U.S. multinational companies in dealing with complex employee issues in foreign jurisdictions

Gary has written numerous articles on employment law. Most recently, he is Management Editor-in-Chief of a two-volume treatise--Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (BNA, 2010). Gary is co-author of “The Pay Gap, the Class Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act”, ABA Journal of Labor & Employment Law, Vol 29, November 3 (Spring 2014), and “The Law of Employment Discrimination from 1985-2010,” ABA Journal of Labor & Employment Law, Vol. 25, No. 3 (Spring 2010).

Gary is widely recognized as one the top management employment lawyers in the United States by every major ranking organization, including Chambers USA, the National Law Journal, Best of the Best USA (Euromoney), and Who’s Who Legal. Among management employment lawyers in the United States and Europe, Gary is ranked in the top 10 of Who’s Who international management labor and employment lawyers and is described as “absolutely superb.”

Gary also serves regularly on the NYU faculty for training federal judges on employment law, the OFCCP Institute, PLI International Employment Law and ABA Labor and Employment Law Section programs.


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.


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.


Bettina specialises in employment law and provides strategic and commercial employment law advice to corporate clients and senior executives. Key areas she advises on include internal investigations, disciplinary and grievance procedures, exits, complex discrimination litigation, the enforcement of restrictive covenants and team moves. She also advises on employment law issues relevant when setting up in the UK, including the recruitment process, employment contracts and staff handbooks. Her particular interest is in cross-border and international issues and she has particular expertise in advising US and European parent companies with UK based subsidiaries.

What the Directories say:-

Chambers & Partners 2014 (Employment Law): Bettina Bender is recognised for her ability "to negotiate fantastic outcomes for clients" and for the "pragmatism" and "commercialism" she brings to matters. Bettina is ranked as a leading individual in her work advising employers as well as senior executives.

 Bettina is experienced in providing advice on the following:

  • strategic employment law advice for corporate clients
  • internal HR investigations, and disciplinary and grievance procedures
  • board room disputes, including executive appointments, departures and bonus issues
  • enforcement of restrictive covenants, confidentiality obligations and team moves
  • complex discrimination litigation
  • collective redundancies
  • partnership discrimination claims, partner departures, team moves and partner restrictive covenants 

Bettina regularly contributes articles published in legal and HR publications.  She is a regular speaker on employment law developments and also provides comment on topical employment law issues in the press, including radio and television.  She is an officer of the International Bar Association, Discrimination and Equality Law Committee, and a member of the European Employment Lawyers Association, the UK Employment Lawyers Association and the German-British Chamber of Industry and Commerce. Bettina is bi-lingual in English and German. Prior to joining CM Murray LLP Bettina worked at two City law firms and a leading national law firm.


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