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International Employment Law 2015


Speaker(s): Anders Etgen Reitz, Baba M. Zipkin, Bettina Bender, Catherine LaChapelle, Dirk Jan Rutgers, Donald C. Dowling, Jr., Dr. Gerlind Wisskirchen, Edward C. O'Callaghan, Erika C. Collins, Gary R. Siniscalco, Hironobu Tsukamoto, Joanna (Jodi) Varon, Johan Lubbe, John W. Hamlin, Kenneth G. Yormark, Louise Patry, Mercedes Balado Bevilacqua, Nicola Rabson, Orrie Dinstein, Philip M. Berkowitz, Sean McKessy , Shalini Agarwal, Timon Grau, Wendi S. Lazar, Xiaolin Zhou
Recorded on: Jun. 29, 2015
PLI Program #: 58949

Kenneth G. Yormark is a managing director for K2 Intelligence, where he leads the U.S.-based forensic accounting team. With more than 25 years of experience, he is an expert in complex global investigations and forensic and investigative services. Ken manages and conducts high-profile securities fraud, anti-corruption/Foreign Corrupt Practices Act (FCPA), and Ponzi scheme investigations involving public and private companies in all industries around the globe. He presents to regulatory and law enforcement agencies, boards, senior management, in-house and outside counsel, and auditors.

Working with clients in the financial services, manufacturing, real estate, pharmaceutical, telecommunications, and not-for-profit industries, Ken focuses on formulating and executing strategies regarding forensic accounting, financial investigations, securities litigation, and anti-corruption risk assessments. He is accomplished at assessing the vulnerability and reconstructing internal controls, compliance procedures, and accounting systems. He regularly works side by side with law firms investigating allegations of corruption and bribery, corporate malfeasance, and “cooking the books.” He has been qualified as an expert and testified in deposition and at trial in federal and bankruptcy courts.

Ken is an adjunct professor at Georgetown University Law Center, where he teaches “Accounting for Lawyers.” He is also a faculty member of the Practicing Law Institute and an adjunct faculty member of the Association of Certified Fraud Examiners (ACFE). He speaks nationally on fraud and anti-corruption at conferences and corporate events.

Ken received his B.S. from Queens College and completed graduate studies at New York University in real estate development analysis. He is a Certified Public Accountant (CPA), a Certified Fraud Examiner (CFE), is Certified in Financial Forensics (CFF), and is a Certified Anti-Money Laundering Specialist (CAMS).


Dirk Jan Rutgers, co-founder and partner of Rutgers & Posch in Amsterdam, The Netherlands, is an employment law and health law specialist. National and international clients regularly seek his strategic advice in complex employment law proceedings concerning, for example, mergers, reorganisations, and dismissals. He also has a wealth of experience with cross-border disputes, equal treatment, flexible employment relations and privacy.

Furthermore, Dirk Jan advises healthcare institutions on a broad variety of issues, specialising in the collaboration between health care institutions and the relationship between medical specialists and management.

Dirk Jan often lectures at universities and other educational institutions. He also publishes articles in his areas of expertise on a regular basis. He is a member of the Dutch Associations for Employment Law and Health Law.

He is immediate past chair of the Discrimination Law Committee and vice chair of the Global Employment Institute of the International Bar Association, in which connection he frequently speaks at international conferences. Dirk Jan has worked at law firms in New York and Washington DC.

Chambers Europe 2012 writes "Clients note Dirk Jan Rutgers' no-nonsense, solution-driven style", adding: "He is a brilliant litigator, he's sharp and I have a great deal of respect for him". Legal 500 2012 mentions that "Dirk Jan Rutgers brings humour, persistence and quality delivery in everything he does".

Chambers Europe 2013: 'Dirk Jan Rutgers recently joined newly-established boutique Rutgers & Posch from DLA Piper. He moves up the rankings thanks to excellent client feedback and increased market visibility, with one source noting: "He works day and night, knows our company inside out and is highly committed."'

The Dutch boutique Rutgers & Posch was chosen "Benelux law firm of the year” at The Lawyer European Awards 2015.


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.


Baba Zipkin is the principal of Millrace Consulting, offering legal and HR services regarding international mobility and immigration matters to companies operating on a global basis.

Until January 2016, Baba was a Senior Counsel with IBM’s Corporate HR Law Group.

After joining IBM in 1999, Baba provided support for IBM’s global business in the area of domestic and international employment law, focusing on outsourcing and M&A deals, labor models, global mobility, and immigration issues.  In addition, as a lead for IBM’s extended global HR legal team, she handled a full range of domestic and international employment law issues for IBM’s commercial and public sector businesses, and worked closely with IBM’s regional and country lawyers and outside counsel on cross-border employment law matters. She also supported IBM’s Government and Regulatory Affairs organization in the immigration and wage and hour areas.

Baba began her legal practice in Brussels, Belgium with the law firm of Puelinckx, DeScheemacker & Dillemans, and prior to joining IBM was a partner with Hall, Dickler, Kent, Friedman & Wood in New York City, where she headed the firm’s employment practice.

Baba is co-vice chair and member of the management committee of XBHR, a global forum for cross-border human resources experts. She is a member of the International Bar Association’s Global Employment Institute, where she serves on the GEI Working Group. She is admitted to practice before the United States Supreme Court, the New York federal district courts, Southern and Eastern Districts, and the New York state courts.


Donald C. Dowling has extensive experience advising U.S.-based companies on outbound international labor and employment laws. Don provides counsel on a wide variety of global employment law matters, including codes of conduct and HR policies that guide operations in multiple jurisdictions, international compensation and benefits issues, whistleblower hotlines, and cross-border internal investigations and HR compliance audits. He regularly advises clients on employment matters that arise with international restructurings, reductions in force, mergers, acquisitions, and outsourcing. Additionally, Don helps clients properly engage independent contractors overseas, manage expatriate programs, and develop employment agreements and employee handbooks.

Earlier in his career, Don served as in-house international employment counsel for a Fortune 500 company in Paris and as an employment law consultant for a global consulting firm. He has delivered hundreds of presentations on international employment law issues in English and Spanish in countries around the world, and regularly publishes articles and teaches courses on a variety of global employment law topics.

Professional & Community Affiliations

Member, Advisory Board
New York University School of Law’s Center for Labor & Employment Law

Former Chair
Cross-Border HR Group
XBHR

Recognition

Named, America's Leading Lawyers for Business
Chambers USA 2017

Named, Legal 500
US Labor & Employment, Workplace and Employment Counseling

Named, Super Lawyer
New York
Super Lawyers

Named, Attorneys Who Matter
2010
Ethisphere Institute

Named, Leading International Labor/Employment Lawyer
PLC Which Lawyer?

Order of the Coif

Education

  • J.D., Levin College of Law at University of Florida, 1985
  • A.B., University of Chicago, 1982

Languages

  • Spanish

Bar Admission

New York

Courts

  • U.S. Court of Appeals, 6th Circuit
  • U.S. District Court, Southern District of Ohio


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.


Erika Collins is a partner in the Labor & Employment Law Department and co-head of the International Labor & Employment Law Group. Erika advises and counsels multinational public and private companies on a wide range of cross-border employment and human resources matters throughout the Americas, Europe, Africa and Asia.

Erika represents U.S. and non-U.S. employers in all aspects of company growth and restructuring, from office openings, executive hires and workforce expansions to company downsizing, employment terminations, mass layoffs and office closures. She advises clients on preparing competitive employment packages and agreements, such as separation, expatriate and consulting agreements, that are compliant with local laws, as well as on payroll, benefits and vacation issues. Erika regularly conducts multi-country audits of employment laws and practices in order to provide advice to clients regarding compliance with data privacy, fixed term contracts, outsourcing, and working time and leave regulations among numerous other issues.

Erika has helped numerous companies comply with EU data privacy regulations, as well as other similarly onerous non-US data privacy regulations. She has conducted data privacy training for dozens of employers and her expertise in employee-related data privacy challenges spans the globe.

Additionally, Erika advises employers on sexual harassment and other misconduct allegations. She also is experienced in conducting due diligence on international subsidiaries and advising on applicable business transfer laws and employee transition issues in cross-border M&A transactions.

Erika is the editor of The Employment Law Review (7th Edition), which covers employment laws in 48 countries as well as three cross border chapters on M&A, Global Diversity and Social Media. In addition to authoring numerous articles on international employment topics, Erika is a regular speaker at the International Bar Association and the American Bar Association. Topics on which she has written and spoken recently include: “Cross-Border Transfers of Executives,” “Global Mobility Issues for Multi-Nationals,” “Employment Issues in Cross-Border M&A Transactions,” “The Landscape of Issues in International Employment Law,” “Global Diversity Programs,” “The Intersection of EU Privacy and Anti-Discrimination Laws,” and “Cross-Border Investigations.”

Memberships

International Bar Association (Senior Vice-Chair of the Industrial Relations and Employment Law Committee)

American Bar Association's Section of International Law,
International Employment Law Committee (Former Chair)

Housing + Solutions (Advisory Board Member)

XBHR (Member, Former Board Member)

Awards & Recognition

Chambers USA: New York: Labor & Employment 2007-2016

Best Lawyers in America, Labor and Employment Law 2010-2016

The Legal 500 United States: Labor & Employment: Workplace & Employment Counseling 2013, 2015-2016

Lexology Client Choice Award: Labor & Employment 2016

Euromoney: 2015 Americas Women in Business Law: Best in Labor & Employment

New York Super Lawyers 2007-2015

The International Who’s Who of Management, Labour & Employment Lawyers 2007-2013

Related Practices

International Labor & Employment

Non-Compete & Trade Secrets

Strategic Corporate Planning

Whistleblowing & Retaliation

French & EU Labor and Employment Law

Hiring & Background Checks

Mergers & Acquisitions

Privacy & Data Security

Higher Education

Education

University of California, Davis, School of Law, J.D., 1994

Brown University, A.B., 1988

Admissions & Qualifications

New York

California

District of Columbia


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.


Gerlind Wisskirchen specializes in advising international groups, providing added value through analytical expertise as well as precise and strategic recommendations. Her endeavors extend beyond simply providing legal advice. She and her team are performance-driven and creative and strive to forge workable and strategic client-focused solutions so that businesses 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 advises multinational groups with a focus on restructurings, national and international labor and employment law and compliance issues. Acting as a strategic advisor to the management or serving as advisory board member, she assists with the development of business plans and strategies from an HR and labor and employment law perspective. As an expert for the digitalization of the workplace, she has published the "Artificial Intelligence and Robotics and Their Impact on the Workplace" report for the Global Employment Institute and testified as expert before the German and European parliament.

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, 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 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 Europe’s leading Business Schools, and has published numerous articles in German and in English.

From 1991 to 1995, Gerlind worked for two US law firms before joining the international department of the German Federal Ministry of Finance. She joined CMS in 1998 and was made partner in 2003.


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.


Joanna (Jodi) Varon is a Vice President and Associate General Counsel of Sumitomo Mitsui Banking Corporation, Americas Division.  In that position, Ms. Varon is responsible for coordinating with and advising SMBC’s Human Resources Department on employment law matters, including review and legal analysis of employee relations issues, review of employment documents and policies, coordination of international employment law issues, and general advice and counsel.  Ms. Varon also acts as Bank counsel on litigation matters and provides support with respect to the general day to day functions of the Legal Department, including but not limited to reviewing/drafting of transactional documents.

Prior to joining SMBC, Ms. Varon was a partner at Duane Morris LLP, where she practiced in the areas of employment law, labor relations and litigation.  Ms. Varon was an associate at Weil, Gotshal & Manges LLP from 2003 through 2007.

Ms. Varon is a graduate of Benjamin N. Cardozo School of Law, where she was senior articles editor of the Cardozo Arts and Entertainment Law Journal, and a graduate, with high honors, of Rutgers University. 


Johan Lubbe is a shareholder at Littler Mendelson, the largest management-side workplace law firm in the U.S.  The firm has over 950 employment lawyers in 56 offices across the U.S., Mexico and Venezuela.  Johan is the U.S. Practice Co-Chair of the firm’s International Employment Law Practice Group.

Johan Lubbe provides strategic advice and counseling to multinational employers on a wide range of global employment law, labor relations, human resources, and data privacy matters. Who's Who Legal noted in its survey that Johan is "greatly admired" for his expertise in data privacy and the workplace. Johan also regularly advises foreign companies that do business in the U.S. on the compliance requirements of U.S. workplace law. Johan is an experienced trial lawyer and negotiator with unions.

Johan holds law degrees from leading law schools in the U.S., England and South Africa.  He started his legal career as a labor lawyer in South Africa and has been practicing in the U.S. for the past 18 years. He has authored a number of articles on cross-border employment issues, and is a frequent speaker at international employment law conferences in the U.S. and overseas.

Johan is recognized as a leading employment lawyer in a number of publications, including Best Lawyers in the U.S., Practical Law Company’s Labour and Employee Benefits Cross-border Handbook, Euromoney’s Guide to the World’s Leading Labour and Employment Lawyers, The International Who's Who of Management Labour and Employment Lawyers, and the Legal Media Group’s The Best of the Best. Johan has also been recognized as a Super Lawyer in New York since 2007.


John Hamlin is Chief Counsel, Employment, Benefits and Governance for Marsh & McLennan Companies, Inc., one of the world’s leading professional services firms with over 60,000 employees in approximately 90 countries.  The firm’s operating companies include Marsh, Mercer, Guy Carpenter, and Oliver Wyman.  Prior to joining Marsh & McLennan, he was Of Counsel with the law firm of Paul, Hastings Janofsky & Walker LLP.  While in private practice, he represented employers in all aspects of labor and employment law, before various state and federal courts and administrative agencies, and provided advice on an array of personnel-related issues.  Mr. Hamlin served as a Law Clerk to the Honorable B. Avant Edenfield, Judge of the United States District Court for the Southern District of Georgia in Savannah.

Mr. Hamlin is a fellow of the College of Labor and Employment Lawyers.  He has published various articles on employment law and has presented at numerous seminars on assorted employment-related topics.  In 2014 he was recognized as one of The Legal 500’s GC Powerlist “Corporate Counsel 100: Rising Stars,” which recognizes leading in-house lawyers for innovation, quality and excellence.  He was selected by the International Law Office and the Association of Corporate Counsel as the recipient of the 2015 ILO Global Counsel Award for Employment Counsel of the Year.  He is the recipient of a 2016 First Chair Award for Top Employment Counsel.   

Mr. Hamlin earned a J.D. with honors from the University of Connecticut School of Law, where he was Editor-in-Chief of the Connecticut Journal of International Law


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.


Mercedes founded the firm in December 2012 after working for relevant national law firms, being partner of one for six (6) years. She graduated from Universidad de Buenos Aires with honours and holds Master’s Degree in Law (LL.M) from University of Connecticut, School of Law, U.S.A.

Mercedes is the managing partner, head of the firm and coordinates the work of the other areas when several matters are involved. She has over twenty (20) years of experience in providing local and cross border labour, social security, corporate management and human resources counsel to clients worldwide.

Considering that Employment and Labour practice in Latin-American is highly dominating by male lawyers, Mercedes has been featured among the leading lawyers in her practice area by Legal 500 Latin America for the years 2012-2020, Chambers & Partners for the years 2011-2020 and Who’s Who Legal for the years 2015-2020 in the field of Labour and Employment and in the area of Pensions and Benefits. She has been also singled out as “Though Leader – Global Elite” by Who`s Who Legal for the years 2019 -2020 and Best Lawyer 2018-2020.

Mercedes has been distinguished by Chambers Diversity and Inclusion Awards - Latin America 2019 as highly commended “Gender Diversity Lawyer of the Year - Argentina”. She has also been recently shortlisted by Chambers and Partners Diversity among the top six (6) Argentine female lawyers for the award of “Inspiring Role Model for Furthering Women Lawyers, Lawyer of the Year” due to her active encouraging activity in favour of female lawyers in a male dominated field. Singled out by Women In Business- WIB-Worldwide as the “Most Influential Woman in Employment Law- South America” and by Acquisition International Magazine as 2018´s “Leading Labour and Employment Lawyer of the Year, Argentina”.

Mercedes is member of the International Bar Association (“IBA”) Equity Committee. She is also part of the the Employment and Industrial Relationships Committee of the IBA.

She is also a member of the Forum of Cross Border Human Resources Experts (XBHR), of the American Bar Association (ABA), of the French-Argentinean Human Resources Commission of the French Chamber of Commerce and part of Marianne Association (a group created by the French Embassy that gathers relevant international business women). Mercedes was also part of the elite group of lawyers selected for defending Argentina before the ICSID World Bank in regard to international investment disputes under International Bilateral Investment Treaties.

Mercedes regularly contributes with articles to various academic publications including the monthly magazine of Case Law and Legislation Editorial “La Ley”, “El Cronista Comercial”, “Perspectives” - the Argentine-French Chamber of Commerce’s Magazine, Abogados.com.ar, IJ International Legal Group, the magazine Comments Express of AMCHAM, the International Bar Association (IBA), the American Bar Association (ABA), Practising Law Institute (PLI), New York State Bar Association (NYSB), Global Employment Bulletin, CM Murray LLP Newsletter, Pensions and Retirement Plans 2013 and 2014, Executive Compensation and Employee Benefits 2018, Labour and Employment 2018 - Getting the Deal Through, Latin Lawyer, the Association Internationale des Jeuves Avocats, Union Internationale des Avocats, Squire Patton Boggs (London), World Justice Project - Rule of Law Index 2015- 2019, and the Country Fact Sheet regarding Social Security for Red Expat (2016, 2017 and 2019). She has been quoted by Victor Hugo Alvarez Chavez in his handbook on "Mobbing, stress and harassment in the workplace”.

She participates as speaker and moderator in international and local conferences (IBA, ABA, New York Bar Association, Practising Law Institute, New York, Forum, Artículo Uno, etc.).


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

Nicola frequently advises clients on their most challenging and sensitive employment and HR related issues, as well as advising clients on their strategic initiatives such as those relating to diversity and inclusion and workplace culture. She is a solutions-focused and strategic adviser who will challenge clients and peers to deliver the right results.

She tackles the most complex of employment litigation and advice, with extensive experience of High Court and Tribunal litigation. In addition to her extensive litigation experience, Nicola advises her clients on crisis management, the employment aspects of purchases, related hirings, executive terminations, restrictive covenants and team moves, as well as managing large global projects in relation to redundancies, compensation reviews and the employment aspects of regulatory investigations.

She is listed as a leading individual in Legal500 and Chambers directories. Legal 500 describes Nicola as having ‘incredible instincts for the right course of action’ and Chambers notes her “widespread acclaim for her work representing employers across the full spectrum of employment issues”, with sources commenting that “her client service and ability to handle difficult issues or deliver unpalatable truths are exceptional”.

In June 2017, Nicola was the Times Lawyer of the week for her work on the Kevin Beatt whistleblowing case before the Court of Appeal.. She was also listed as a top 20 LGBT ally by OUTstanding in October 2014, after setting up the LGBT ally programme at Linklaters. Nicola is a firm believer in the importance of diversity and inclusion, and regularly speaks at events and is cited in the press on areas that focus on people management, culture, leadership, whistleblowing and diversity. Nicola is also a CEDR accredited mediator.


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.


Practice Areas

Foreign Investment in China, Regulatory Compliance, Dispute Resolution

Professional Experience

Dr. Xiaolin Zhou is licensed to practice law in China and the State of New York, and admitted before the Federal (Southern District and Eastern District of New York) and state courts in the State of New York. He has over 30 years of legal work experience both in government and in private practice. As managing partner of the firm's New York Office, he focuses his practice on advising and assisting clients doing business with/in China and helping clients resolve legal and business problems in their operations in China. His clients include many Fortune 500 industrial and business corporations, banks, insurers, foreign law firms and international organizations, as well as many small and medium sized companies. He also regularly advises Chinese entities and individuals on doing business in the U.S.

Prior to entering private legal practice, Dr. Zhou served for seven years as Head of International Law Division, Ministry of Foreign Affairs of China. He also served as advisor to the Chinese Delegation to the UN General Assembly and Chinese delegate to the UN Legal Committee, Outer-space Legal Subcommittee and UN Charter Committee. He has participated in numerous international negotiations and was involved in handling major judicial and arbitration cases involving government agencies and enterprises in Chinese and foreign courts as well as international arbitration tribunals.

Education

Dr. Zhou received his Doctor of Juridical Science degree (SJD) from Harvard Law School and is a graduate of Institute of Law, Chinese Academy of Social Sciences in Beijing.

Professional Associations

Dr. Zhou is a member of the Bar of the City of New York and the All-China Lawyers Association.

Language Skills

Fluent in English and Mandarin.


Sean McKessy re-joined the SEC in February 2011 to oversee the Office of the Whistleblower in the Division of Enforcement. In that role, Mr. McKessy leads a program charged with working with whistleblowers, handling their tips and complaints, and helping the Commission determine the awards for individuals who provide the agency with information that leads to successful enforcement actions.

Mr. McKessy had a previous stint at the SEC, where he was a Senior Counsel in the Division of Enforcement from 1997 to 2000. More recently, Mr. McKessy served as corporate secretary for both Altria Group, Inc. and AOL Inc., and as securities counsel for Caterpillar, Inc. In these roles, Mr. McKessy developed and supervised internal compliance and reporting programs related to the federal securities laws, served as corporate compliance officer, and coordinated the reporting of potential violations to boards of directors.  He is a graduate of the University of Notre Dame and the National Law Center at George Washington University.


Wendi S. Lazar is a partner at Outten & Golden LLP in New York where she co-heads the firm’s Individual Practice 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 a particular practice and stellar reputation representing senior women in employment negotiations, partnership agreements, pay equity and discrimination issues.  She has represented women in in all phases of their careers and is a trusting counselor to many female law partners.

Ms. Lazar has served as a commissioner on the American Bar Association’s Commission on Women, 2015-2018, and she continues to work on the critical issues she advocated when she chaired the Sexual Harassment and Gender Based Bullying Committee.  She is currently the liaison for the ABA Labor & Employment Section to the Commission.

Ms. Lazar is former Diversity Co-Chair for the New York State Bar Association’s Labor & Employment Section where she has served in numerous positions for 8 years. She is an active member of NELA, ABA and other 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 where she is an active speaker and leader.

Ms. Lazar was the founder of a quarterly column for the New York Law Journal entitled “Employees in the Workplace.” She regularly lectures on employment issues to bar associations and industry groups and has had numerous legal articles and book chapters published. She is the Editor in Chief of the book, Zero Tolerance: Best Practices for Combating Sex-Based Harassment in the Legal Profession, an ABA guide to combatting sexual harassment in the legal profession, published in 2018. She 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, 2019 and 2020 in the field of Employment Law – Individuals. Ms. Lazar was also recognized by Super Lawyers in 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019. Ms. Lazar has been selected as a 2013, 2014, 2015, 2016, 2017, 2018 and 2019 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.


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.


Littler Mendelson, P.C. is the largest employment law practice representing management in the world, with over 1,500 lawyers in more than 20 countries across the Americas, Europe, and Asia.

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


Shalini Agarwal is a Partner at In Se Legal, a unique Indian law firm with offices in the UK and India. In Se Legal provides legal support on matters relating to Indian law and business to UK, US and European corporates.   In Se Legal prides itself on its ability to offer commercially sound, client-centric legal advice, assisting clients in understanding the Indian market.

Quality, Capability, Professionalism and Confidence are a few of the many hallmarks that define In Se Legal and its team.  By virtue of the ability to provide Indian legal services through London, with a larger delivery team in India, In Se Legal can offer highly competitive pricing to its clients.

Shalini advises on Indian employment and immigration law.  She services multinational clients globally, assisting with their Indian immigration requirements throughout India.   Shalini has been recognized annually by the International Who's Who of Leading Corporate Immigration Lawyers as a leading Indian immigration lawyer annually since 2007.  Shalini has also been acknowledged and recognized as a leading Immigration and employment lawyer in the 2014 edition of Indian Lawyer 250. She advises clients regularly on various aspects of employment law - assisting with staffing issues, terminations, restructuring and other labour law issues.

Shalini’s deep knowledge of India, the Indian market and business culture also provides an excellent cultural bridge for international companies seeking to do business in India, in need of information and direction. Shalini regularly guides clients on the nuances of doing business in India and provides insight into various aspects of dealing with Indian colleagues, suppliers and partners.

A unique offering of In Se Legal is Shalini’s presence in the London office, that provides US and European clients access to Indian legal advice within a European time zone. Instructing the team in London carries no premium and the firm provides highly competitive rates benchmarked against the Indian market.

Originally from New Delhi, Shalini holds a Degree in English literature followed by her LL.B from the Faculty of Law in New Delhi. She read law at Cambridge University where she completed an LL.M with a focus on international law and intellectual property. As a recipient of the BCCI and Foreign & Commonwealth Scholarships, followed by the prestigious Pegasus Scholarship, Shalini interned with Clifford Chance and with Counsel Chambers in London prior to returning to India to practice law. Shalini is dual qualified and is a member of the Bar Council of India and is admitted as a solicitor of the Supreme Court of England and Wales. Shalinis’ practice is exclusively in the area of Indian Law.

Shalini divides her time between India and London. She is a frequent speaker at international conferences on various topics relating to doing business in India.


Timon Grau is a Partner in the employment, pensions, and benefits practice group of Freshfields Bruckhaus Deringer LLP and works in the firm's Frankfurt office.

Timon advises both international and national clients from a broad spectrum of business and industry sectors in all fields of individual and collective employment law. Along with providing employment law advice on corporate restructurings and transactions, his particular areas of expertise comprise the design of remuneration systems and incentive schemes, the laws governing the organisation of industrial relations and collective bargaining, corporate co-determination, and board member service relationships. Timon is also an experienced advisor in the fields of employee data protection and compliance, including on internal investigations and global HR data transfers.

Timon appears regularly as an author and is a sought speaker on specialist employment law matters. Inter alia, he is the co-author of a handbook on collective bargaining law in Germany, published by Dr. Otto Schmidt Verlag in 2013 and of Corporate Internal Investigations – An international guide, published by Oxford University press in 2013 (edited by Paul Lomas and Daniel Kramer). Timon has published more than 75 articles in law journals and papers addressed to HR professionals on a variety of strategic employment and data protection law topics. He is a visiting lecturer for employment law at the law school of European Business School (EBS) University in Wiesbaden.

Timon studied at the University of Cologne, where in 2004 he was awarded his doctorate in law degree for a dissertation on the information of employees and their right to object to a transfer of their employment in the course of transfers of undertakings (published by Dr. Otto Schmidt Verlag). He was a fellowship holder of the German National Academic Foundation. Following the conclusion of his traineeship in Cologne and London, Timon received his licence to practise law in 2006. In 2010 he received his certificate as a certified specialist employment lawyer (Fachanwalt für Arbeitsrecht). Timon speaks German and English.