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International Employment Law 2013


Speaker(s): Anders Etgen Reitz, Bettina Bender, Carolina Taveres Rodrigues Davies, Donald C. Dowling, Jr., Edward C. O'Callaghan, Erika C. Collins, Gary R. Siniscalco, Ignacio Funes De Rioja, Johan Lubbe, Louise Patry, Martin L. Schmelkin, Philip M. Berkowitz, T.M.J. (Dorothe) Smits, Wendi S. Lazar, Xiaolin Zhou
Recorded on: Jun. 11, 2013
PLI Program #: 41740

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

Anders has acted in numerous cases regarding among others:

  • Incentive and stock option plans
  • Restrictive covenant infringements
  • Cross- border transactions
  • Mergers
  • Restructurings
  • Immigration issues
  • Data protection

He advises clients from a broad range of industrial sectors including inter alia: information technology, consultancy, transport, financial services, telecommunications, life science and media.

Professional and Community Affiliations

  • Vice-Chair, Communications, Global Employment Institute (GEI), International Bar Association (IBA)
  • Past Co-Chair, Discrimination and Equality Law Committee, International Bar Association (IBA)
  • Past Co-Chair, International Employment Law Committee, American Bar Association (ABA
  • Employment Law Committee, Danish Bar Association (Danske Advokater)
  • International Committee, Danish Bar Association (Danske Advokater)

Books


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.

Additional representative engagements include:

  • Representing a major European aerospace company with subsidiaries in the US and Singapore in an internal investigation and subsequent DOJ, Commerce and OFAC investigations involving US export control regulations and possible exports of US-origin parts to embargoed destinations by the Company
  • Representing a senior executive in the multi-agency international investigation into JP Morgan's Chief Investment Office's multi-billion dollar trading loss
  • Representing Edward Steffelin, former deal captain at GSC, the collateral manager for JP Morgan's CDO Squared deal that led to a $155 million settlement by JP Morgan with the SEC
  • Representing Compass Group USA in a multi-year investigation by New York State Attorney's General Office into rebate practices in contracts with New York State public entities
  • Representing a portfolio manager and hedge fund in SDNY insider trading grand jury investigation related to use of expert network firms

Career and qualifications

  • Georgetown University, (B.A. Government) 1991
  • New York University School of Law (J.D.) 1994
  • Admitted as an Attorney-at-Law in New York 1995
  • Law Clerk to the Honorable Kevin Thomas Duffy, United States District Judge for the Southern District of New York (SDNY) 1995-1996
  • Litigation Associate Rogers & Wells 1994-1995; 1996-1999
  • Assistant United States Attorney and Co-Chief Terrorism & National Security Unit, U.S. Attorney's Office SDNY, 1999-2008
  • Partner, Nixon Peabody LLP 2009-2011
  • Joined Clifford Chance as a Partner 2011

Professional bodies

  • Federal Bar Council, Second Circuit Courts Committee
  • Federal Bar Foundation, Board of Trustees
  • Attorney for the Grievance Committee, Southern District of New York 

Awards

  • US News Best Lawyers in America 2013, 2014, 2015, 2016 (White Collar Defense)
  • International Who's Who Legal Business Crimes Defence 2013, 2014, 2015 (White Collar Defense)
  • International Who's Who Legal Investigations (2014, 2015, 2016)
  • Super Lawyers 2012, 2013, 2014, 2015 (White Collar Defense)


CarolinaTavares Rodrigues Davies

Senior associate of the labor practice of Machado Meyer Sendacz e Opice Advogados, born in São Paulo, SP, Brazil; admitted to practice in 2003, São Paulo, SP, Brazil.

Legal Education:

Faculdade de Direito da Universidade de São Paulo, Brazil (LL.B., 2003), Instituto Internacional de Ciências Sociais - IICS, São Paulo, Brazil (Postgraduation in Labor Law, 2005). Assistant Professor of Postgraduation courses at Instituto Internacional de Ciências Sociais - IICS.

Membership: Brazilian Bar Association

International Publications:
 
PLC Which Lawyer - recognized in the labor practice between 2008 and 2012. Chambers and Partners Latin America - "Associates to Watch" in the labor area in 2010 and 2011.


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.

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 (6th 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.”

Related Practices

International Labor & Employment

Employment Law Counseling & Training

Non-Compete & Trade Secrets

Terminations, Reductions in Force & WARN Act

Strategic Corporate Planning

Whistleblowing & Retaliation

Employee Benefits, Executive Compensation & ERISA Litigation

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 Orrick’s EEO & OFFCP 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. Gary 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 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.

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).

Related Practice Areas

  • Employment Law & Litigation
  • Discrimination, Harassment & Retaliation
  • Trade Secrets Litigation
  • Wage-and-Hour
  • Cross-Border Employment Law Issues

Education

  • J.D., Georgetown University Law Center, 1969
  • B.A., Le Moyne College, 1965

Honors

  • The Recorder California Labor & Employment Department of the Year (2013-2014)
  • The Recorder California Litigation Department of the Year (2013-2014)
  • The International Who's Who of Management, Labour & Employment Lawyers (2013-14)
  • Who's Who of Management Labour & Employment Lawyers Top Ten International (2009-14)
  • Chambers USA Band 2, Labor & Employment (2011-14)
  • National Law Journal Leading Employment Lawyers
  • Chambers USA Leading Employment Lawyer, "noted for ability both to litigate and to provide counsel on a variety of issues." and "wonderful and highly capable.”
  • College of Labor & Employment Lawyers, Fellow since 1997


Ignacio Funes De Rioja

Qualified
Buenos Aires, Argentina, 1999

Degrees
LL.M. Duke Law School, North Carolina, U.S.A., 2001
Law Degree, Catholic University of Argentina, 1999

Areas of practice

Leader of one of the International Labour and Employment Practice teams at Funes de Rioja & Asociados, representing and advising employers. He represents and advises national and multinational companies in all aspects of law relating to human resources.

Career to Date
Since 1999 working at Funes de Rioja & Asociados, leading niche Labour and Employment Law firm and member of ius laboris, international employment law, pensions and employee benefits alliance. Member of the National Committee on Telework Legislation. Since 2003, professor of post-graduate courses on Labour and Employment Laws at the Argentinean Business University, Tres de Febrero University and the Business Management School.  Full professor at the labor law chair at the CEMA Economics School.

Additional information
Professor of Labour Policy and Laws. Speaker in seminars and conferences, including the International Bar Association (IBA), the Industrial Relations Committee and the Discrimination Law Committee. Author of several newspaper articles. 

Recognitions:

Apertura Magazine and Infobae newspaper: Ignacio Funes de Rioja: Among the 20 most promising lawyers under 40 in Argentina, and the only labor and employment lawyer in the top 20 of the rankings.

Chambers & Partners Latin America - Labour and Employment leading firms: Ignacio Funes de Rioja, highly regarded for his expertise.

Plc Which Lawyer?: Ignacio Funes de Rioja is highly recommended.

The International Who's Who Of Management Labour And Employment Lawyers 2012 - Most Highly Regarded Lawyers: Ignacio Funes De Rioja: Highly Nominated As A "Leading Talent"

Latin Lawyer: "Ignacio Funes de Rioja is quickly rising up the ranks."

iprofesional.com: The Complete Ranking Of The Most Voted Lawyers: Ignacio Funes de Rioja (Funes de Rioja & Asociados) was chosen by 70 partners from  27 law firms  that participated from this survey as one of the under 45 with the best projection in the years ahead .

Legal 500 Hundred: Ignacio Funes de Rioja is listed in the elite "Leading lawyers" list, the Legal 500 Latin America 2012's guide to outstanding lawyers and among the lawyers recommended in The Legal 500 Latin America 2012's editorial.

PLC - Employment and Employee Benefits: Super League 2012: Ignacio Funes de Rioja is among the 3 most recommended lawyers.






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

Louise has an extensive experience in several fields of the labour and employment domain. She is known for her expert negotiation and arbitration skills.

Louise advises multinational/domestic public and private companies in a wide range of industries on labour and employment related matters. Known for her expert negotiation and arbitration skills, she also provides practical and expedient solutions for matters such as employee transfers and downsizing operations, wrongful dismissal and pay equity cases, workers’ compensation and health and safety issues, pension plan issues and business consolidations. In addition, Louise handles the negotiation of collective agreements for various clients. Louise has developed an extensive experience in international employment law.

Louise worked as a lawyer for the Québec Union of Service Employees, Local 298 (FTQ), providing her with the advantage of a bilateral perspective on issues related to labour and employment.

Recognition

  • Has achieved one of Martindale-Hubbell’s highest rankings.

Speaking Engagements

Louise has presented at numerous conferences to a broad range of professionals on dismissals, salary equity, the financing of workplace health and safety and labour standards in Québec, as well as on various other labour and employment issues.

Among others, Louise presented the following conferences and papers on International Employment Law:

  • "Mobilité Internationale", TV web vignette in the series "Conseils d’experts" broadcasted by Premières en affaires – 2013
  • "Travailler à l’international ? Oui, mais attention à votre contrat !", Article published in Premières en affaires – October-November 2012
  • "Hiring, Disciplining and Firing: A Soup-to-Nuts Review of What You Can and Can’t Do Overseas", Workshop of the International Employment Law Conference – June 2012
  • "Seconded Employee/Managing Expatriates on Assignment", Section of the compilation of presentations given during the "Hiring, Disciplining and Firing: A Soup-to-Nuts Review of What You Can and Can’t Do Overseas" Workshop of the International Employment Law conference, published by the Praticing Law Institute – 2012
  • "International Employment Law", Workshop of the American Conference Institute – October 2010
  • the International Law Section of the American Bar Association’s fall meeting, for which she was a presenter

"As the World Turns: Perspectives on International Labor and Employment Law", Conference organized by the New York State Bar Association and the Cornell ILR School Labor and Employment Law Program – May 2009

Bar Admissions

Québec, 1981

Education

Université de Montréal (Post-Graduate Diploma in Labor Law), 1988

Université de Sherbrooke, B.C.L., 1980

Expertise

Labour & Employment

Litigation

Corporate/Commercial

Professional Affiliations

Canadian Bar Association

Québec Bar

Ordre des CRHA et CRIA du Québec


Marty Schmelkin is a Managing Director, Associate General Counsel with Goldman, Sachs & Co. in New York. Marty is a member of the firm’s Employment Law Group, and his practice focuses on employment law counseling, affirmative action & diversity issues, employment discrimination arbitration and litigation. Marty has spent time in the firm’s Hong Kong office, handling employment law matters arising in the firm’s offices throughout Asia (Beijing, Hong Kong, Mumbai, Seoul, Shanghai, Singapore, Taipei, and Tokyo). He also covers matters arising in the firm’s non-U.S. offices in the Americas (Bermuda, Buenos Aires, Calgary, Cayman Islands, Mexico City, Santiago, Sao Paolo, and Toronto). Marty is the Chairperson of the Pro Bono Steering Committee at Goldman Sachs, where he coordinates all of the firm’s pro bono initiatives and programming. He is also a member of the Knowledge Share Committee, which provides Continuing Legal Education (CLE) programming for members of the firm’s Legal Department. Marty is a member of the Board of the Women’s Enterprise Development Center, an organization which provides training programs and support services to women business owners in Westchester County.

Marty received a Bachelor of Science degree from the School of Industrial and Labor Relations (ILR) at Cornell University in 1991, and a Juris Doctor degree from New York University School of Law in 1994. Prior to joining Goldman Sachs in 2000, Marty worked in the Employment Law Departments of Orrick, Herrington & Sutcliffe and O’Melveny & Myers.


Philip Berkowitz, U.S. co-chair of Littler Mendelson's International Employment Law Practice, is an internationally known employment lawyer.  He advises multinational and domestic companies in a wide range of industries on employment-related matters.  He has significant experience advising multinational regarding U.S. and overseas employment practices.  He also has a strong litigation practice:  he defends companies in lawsuits and arbitrations, in the United States and internationally, involving claims of alleged discrimination and harassment, compensation claims, Sarbanes-Oxley whistle-blowing and other anti-retaliation laws; and compensation claims.  He also defends and prosecutes trade secret and non-compete enforcement claims.

Mr. Berkowitz’s diverse selection of clients includes companies in financial services, oil and gas, pharmaceuticals and chemicals, manufacturing, publishing, fundraising, and many other sectors.  He has also represented prominent international law firms in their U.S. employment law matters.

Mr. Berkowitz is an Officer of the International Bar Association (IBA) Discrimination and Equality Committee, and is Co-Chair of the IBA Disability Discrimination Working Group.  He is former Chair of the New York State Bar Association International Law and Practice Section, and former Vice-Chair of the American Bar Association Employment Law Committee (International Law Section)

Special Recognition

Named, America's Leading Lawyers for Business - Chambers USA, 2005-2014
Named, The Best Lawyers in America, 2007-2014
Named, International Who's Who of Management Labour and Employment Lawyers - Who's Who Legal, 2014
Named, Who's Who of Management Labour and Employment Lawyers - Who's Who Legal, 2014

Education

Cornell Law School, 1977-78

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

Selected Publications

Columnist, The New York Law Journal, “Employment Law Issues” (bimonthly column) (1999 – Present)

Co-Author, “International Labor & Employment Law,” International Corporate Practice (PLI Feb. 2014)

Author, “Whistleblower Claims: Issues for 2014,” New York Law Journal (Jan. 9, 2014)

Author, “The Attorney-Client Privilege and Advising Across Borders,” New York Law Journal (Nov. 29, 2013)

Author, “10 Tips for an Effective Cross-Border Investigation,” Law360.com (Oct. 31, 2012)


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.


T.M.J. (Dorothé) Smits
Shareholder/partner
Labor & Employment

Mrs. Smits has more than 20 years of experience in advising and litigating on all aspects of labor & employment on a national and international (European) level, with a particular interest in the resolution of high level disputes, senior level departures, discrimination issues, (cross border) business transfers and restructuring.

Besides being a lawyer, she is a Deputy Judge, at the District Court of Rotterdam since January 2012 and Chairman since 2009-Present (a member since 2004) of an Appeals Committee in the field of educational law issues (dismissal and disciplinary measures).

Mrs. Smits is a member of the Association of Employment Lawyers in the Netherlands (VAAN), the European Employment Lawyers Association (EELA), the International Bar Association (IBA) and the American Bar Association (ABA). She is also on the Board of the European Employment Lawyer’s Association which she joined in 2013. She has given lectures at conferences, both national and abroad.


WENDI S. LAZAR is a partner at Outten & Golden LLP where she co-heads the firm’s Executives and Professionals Practice Group. She 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 transitioning during mergers 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 related immigration issues. Her clients are predominantly executives and professionals in the legal, advertising, financial, media, and medical industries.

Martindale-Hubbell recognizes Ms. Lazar as an AV “Preeminent” rated attorney. She was named to Best Lawyers in America 2012, 2013, 2014 and 2015 in the field of Employment Law – Individuals. Ms. Lazar was also recognized by Super Lawyers in 2012, 2013, 2014, and selected to the 2015 New York Metro Super Lawyers Top Women List. Ms. Lazar has been selected as a 2013-2014 Lawdragon 500 Leading Lawyer. In 2014, Ms. Lazar was elected as a Fellow to the College of Labor & Employment Lawyers.

Wendi Lazar has recently focused her speaking engagements on issues of diversity in the legal profession, particularly as it relates to women and minorities.  She spoke at the NYSBA annual conference in January 2014, on ‘Professional Responsibility and Gender Equity’, then for the ABA in Tel Aviv Israel in May 2014, on ‘Challenges Facing Women Lawyers in a Global Practice’, and will be moderating the Plenary on this topic, ‘Retaining and Promoting Women and Minorities in the Legal Profession: Getting It Right’, at the NYSBA Labor  & Employment conference January 30, 2015.

For the past year, Ms. Lazar has authored a column “Employees in the Workplace” in the New York Law Journal. Topics have included: “New York's Post-Employment Restrictions Limit Mobility”, “U.S. Employees Need a Federal Data Protection Law” and “Fathers Have Protected Rights To Care for Their Children”

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.


Don concentrates his practice on outbound international employment law as part of the firm’s Global Employer Solutions team.  He advises multinational headquarters on cross-border employment law compliance, for example:

  • Global codes of conduct, whistleblowers hotlines, employee handbooks, HR policies and workplace safety codes
  • International restructurings, reductions-in-force and “change projects”
  • International compensation and benefits offerings
  • Global HR information systems and data privacy law compliance
  • Employment law matters in cross-border mergers, acquisitions and outsourcings
  • Globally-aligning individual employment agreements, restrictive covenants and employee intellectual property assignments
  • International internal investigations and cross-border HR compliance audits
  • Employing staff in new foreign countries and engaging overseas independent contractors
  • Cross-border collective representation, overseas works council consultations and cross-border employee representative strategies
  • Expatriate structuring, expatriate dismissals and expatriate duty of care

Professional Background

Don was formerly a partner at the New York office of another global law firm. He once served in Paris as in-house international employment counsel for a Fortune 500 company.  He has been an international employment law consultant at a global consulting firm, and he practiced in both Cincinnati and Chicago before coming to New York.

Don is a member of the NYU Law School Center for Labor & Employment Advisory Board.  He is chair of (or has chaired) international employment law committees of the International Bar Association, the American Bar Association, the New York State Bar Association, the Chicago Bar Association and the Cincinnati Bar Association. He is a past chair of XBHR, a cross-border HR group.

Presentations

Don has given hundreds of presentations on international employment law in English and Spanish, in sessions across the United States and in Argentina, Austria, Belgium, Bermuda, Canada, England, France, Hong Kong, Hungary, Italy, Japan, Malawi, Mexico, Netherlands, South Africa and Spain.  He is an adjunct law professor teaching “International Employment Law” and “European Union Law,” and he teaches an international employment course in Spanish at a Mexican business school.

Publications

Don has published over 100 scholarly law review articles, book chapters and media articles on international employment law topics.  His writings have been published in dozens of books and journals including the international law reviews of Cornell and Northwestern law schools.  One of his law review articles was citied by a U.S. state supreme court, and his articles have been excerpted in two different West Group law school casebooks.  Don once presented a paper at Rhodes House, Oxford, and he has co-edited a book on international employment law.

Don has been quoted in publications including the Wall Street Journal law blog, USA Today and he is the subject of a profile piece in the New York Times. He is on the boards of editors of publications including ABA/Bloomberg BNA International Employment Laws, PLC Labor and Employment, Thomson/West International HR Journal and EuroWatch.

Admissions

  • New York
  • Ohio (inactive)
  • Illinois (inactive)
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the Southern District of Ohio

Education

  • J.D., University of Florida, 1985 (Order of the Coif)
  • A.B., University of Chicago, 1982

Achievements

Ranked in:

  • New York Chambers USA Labor & Employment
  • Legal 500 US Labor & Employment (Workplace and Employment Counseling)
  • New York Super Lawyers
  • Ethisphere 2010 “Attorneys Who Matter”
  • International Who’s Who of Management Labor and Employment Lawyers
  • PLC Which Lawyer?, “Leading” international labor/employment lawyer

Language

Spanish


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.