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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


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.


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 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.






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.


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 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. 

In 2016, Ms. Lazar was selected to the New York Law Journal’s list of Top Women in the Law. Ms. Lazar was appointed as a commissioner by the American Bar Association’s Commission on Women, where she heads the Sexual Harassment and Gender Based Bullying Committee. Martindale-Hubbell recognizes Ms. Lazar as an AV “Preeminent” rated attorney. She was named to Best Lawyers in America 2012, 2013, 2014, 2015, 2016 and 2017 in the field of Employment Law – Individuals. Ms. Lazar was also recognized by Super Lawyers in 2012, 2013, 2014, 2015 and 2016. Ms. Lazar has been selected as a 2013, 2014 and 2015 Lawdragon 500 Leading Lawyer. In 2014, Ms. Lazar was elected as a Fellow to the College of Labor & Employment Lawyers. She is also a Board Member of Work Life Law, UC Hastings College of the Law.

Ms. Lazar is the 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 NELA, 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. She regularly lectures on employment issues to bar associations and industry groups and has had several legal articles and book chapters published. She 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.

Bar/Professional Activity

  • Commissioner, American Bar Association (ABA) Commission on Women in the Profession
  • Member, International Bar Association
  • Co-Chair, Diversity Committee, New York State Bar Association (NYSBA) Labor & Employment Section
  • Executive Committee, NYSBA Labor & Employment Section, International Labor and Employment Committee
  • Former Chair, International Women's Rights Committee of the Women's Bar of the State of New York
  • Chair, National Employment Lawyers Association's (NELA) Executives and Professionals Committee
  • Former Co-Chair, International Labor and Employment Law Committee, American Bar Association (ABA), Labor and Employment Law Section
  • Former Member, International Human Rights Committee of the Association of the Bar of the City of New York

Speaking Engagements

Ms. Lazar frequently lectures on employment issues to bar associations and industry groups, and appears as an expert in the news media.

2016

  • Speaker: "Bias, Prejudice & Harassment in the Legal Profession: A Proposal for a New Rule (E)," ABA Annual Labor & Employment Law Conference (Chicago, IL)
  • Speaker: "Understanding the Employment and Immigration Implications of Terminating Expatriates: At the Journey’s End," American Bar Association, Section of Labor & Employment, Employment Rights and Responsibilities Midwinter Meeting (New Orleans, LA)
  • 2016 National CLE Conference: Speaker, Federal Privacy Laws: International Employment Issues and the Impact on Your Practice

2015

  • Speaker: "International Employment Issues and the Impact on Your Practice," National CLE Conference - Labor & Employment (Vail, CO)
  • Speaker: "Pre-Emption Claims Under the UTSA," National CLE Conference - Labor & Employment (Vail, CO)
  • Moderator: " Learning to Lead: Facing Today's Challenges", 2015 Women of the Section of Litigation Conference: Leading, Litigating, Connecting, American Bar Association, Chicago, IL
  • Speaker: "Representing the Start-Up Venture Institute", New York State Bar Association, New York, NY
  • Speaker: “Running a Cross Border Restrictive Covenant Case”, ELA Conference, London
  • Speaker: "Managing Expatriates in the U.S. and Overseas," PLI, International Employment Law 2015, New York, NY
  • Panelist: "What Works for Women at Work: Navigating Workplaces Shaped by Subtle Bias," UCHastings Leadership Academy for Women, UC Hastings WorkLife Law, San Francisco, CA
  • Panelist: Private Equity CEO Compensation Structures Luncheon, Hypatia Capital Group, New York, NY
  • Speaker: "Employment Law Issues for the Startup Venture: Representing the “Sweat Equity” Worker in a Startup or Early-Stage Venture", “Sweat Equity” in Startups and Early-Stage Businesses, Legal, Tax and Employment Issues for Founders, Key Executives and Independent Contractors, NYSBA, New York, NY
  • Speaker: “Managing Expatriates in the U.S. and Overseas,” PLI International Employment Law 2015, New York, New York
  • Speaker: “Restrictive Covenants and Unlawful Competition in Employment Law,” IBA Annual Employment and Discrimination Law Conference: The dynamics of a globalised workforce: challenges and solutions in the modern labour landscape, Rome, Italy
  • Speaker: "Restrictive Covenants and Labor Mobility: A Case Study of Non-Competes, and Choice-of-Law Provisions, in the Legal Profession," American Bar Association Section of Labor & Employment Law, International Labor and Employment Law Committee Midyear Meeting, Barcelona, Spain
  • Speaker: “Retaining & Promoting Women & Minorities in the Legal Profession: Getting It Right,” 2015 NYSBA Annual Meeting, Plenary One, New York, New York
  • Speaker: "Noncompetes on the Cutting Edge," Law Education Institute, National CLE Conference, Vail, Co.

2014

  • Moderator: "Doing Business in the Asia Pacific: Pitfalls and Advantages for Employers and Employees", ABA Section of Labor and Employment Law, 8th Annual Labor and Employment Law Conference, Los Angeles, CA
  • Speaker: "What Works for Women", Women Lawyers 2014 Book Club Series, sponsored by Committee on Women in the Legal Profession & Committee on Career Advancement and Management, New York City Bar
  • Speaker: "Challenges Facing Women Lawyers in a Global Practice", American Bar Association Section of Labor & Employment Law, International Labor & Employment Law Committee Midyear Meeting
  • Speaker: "International Compensation Challenges", Practising Law Institute
  • Panelist: "Mediation Strategies in Executive Employment Disputes", New York Law Journal Labor & Employment Law breakfast
  • Speaker: "Effective Strategies for Drafting Executive Employment Contracts", NELA 2014 Annual Convention: Blazing the Trail, Courage, Challenge, Change
  • Panelist: "Mediation Advocacy Strategies in Executive Employment Disputes", Insights and Strategies on the Effective: Mediation of Employment Disputes, presented by JAMS and the New York Law Journal
  • Panelist: "Professional Responsibility and Gender Equity," Edith I. Spivack Symposium, presented by the Committee on Women in the Law, of the New York State Bar Association Program Annual Meeting
  • Speaker: "FMLA, ADA, PDA Update," Law Education Institute, National CLE Conference

2013

  • Panelist: "The Changing Landscape of Trade Secrets and Restrictive Covenants" webinar, American Bar Association, Section of Labor and Employment Law, and the Center for Professional Development
  • Moderatior: ABA Panelist: "Team Moves and Restrictive Covenants," ELA, Third Transatlantic Conference
  • Speaker: “Cross-Border Assignments & Employment Agreements,” Practising Law Institute, International Employment Law 2013 Seminar/Webcast
  • Speaker: "Settling the Case and Wrapping Up Employment: Negotiating Strategies, Drafting Realities," Pacific Coast Labor & Employment Law Conference
  • Panelist: "Where Have all the Women Gone?," International Bar Association, IBA Employment and Discrimination Law Conference
  • Panelist: "It's as Easy as a Day at the Beach: Basics of Restrictive Covenants and Duties," American Bar Association, Section of Labor & Employment Law, International Labor & Employment Law Committee Midyear Meeting
  • Speaker: "Tips for Successful Negotiations," Webinar, American Bar Association (ABA) Labor and Employment Law Section
  • Speaker: "What's Love Got to Do With It? Work Romances and Sexual Favoritism," Law Education Institute, National CLE Conference

2012

  • Speaker: "Drafting Expatriate Agreements," American Bar Association, Labor & Employment Section, 6th Annual Section of Labor & Employment Law Conference
  • Speaker: "Retaliation in the Context of Discrimination", Practising Law institute, International Employment Law
  • Speaker: Retaliation Claims: Don't Get Mad, Don't Get Even, Don't Get Sued," Practising Law Institute, Employment Discrimination Law and Litigation
  • Speaker: "Foreign Companies Doing Business in the U.S.: Special Challenges," Practising Law Institute, International Employment Law Conference
  • Speaker: "Global Trade Secret Protection and Drafting Global Policies," American Bar Association, Section of Labor & Employment, International Labor & Employment Law Committee Midyear Meeting
  • Speaker: "International Restrictive Covenants & Trade Secrets," American bar Association International Law Section, Spring Meeting
  • Speaker: "Negotiating and Drafting Expatriate Emplyment Agreements (Cross-border Litigation)," International Bar Association, The Paradigm of Employment Law Conference
  • Speaker: "Trade Secrets from the Employment Lawyers Point of View," American Law Institute and American Bar Association (Video Telecast)
  • Speaker: "Executives Gone Wild: Special Employment Law Issues," National Continuing Legal Education Conference

2011

  • Commentator: “Economic Dismissal Legislation in Other Countries,” New York University 64th Annual Conference on Labor
  • Co-Moderator: “Restrictive Covenants in Employment Contracts,” American Bar Association (ABA) Section of Labor & Employment Law, International Labor & Employment Law Committee Midyear Meeting
  • Moderator: “Are You Protected? Privacy, Intellectual Property, Trade Secrets and Non-Competes in Web 2.0,” ABA National Symposium on Technology in Labor & Employment Law
  • Lecturer: “Innovative Ways to Incentivize Employees,” International Bar Association Conference
  • Lecturer: “Drafting Non-Competition & Non-Solicitation Agreements: Supporting the Agreements & Avoiding the Pitfalls,” American Law Institute-American Bar Association Webcast Lecturer: “Non-Competition Clauses and Restrictive Covenants,” New York State Bar Association 2011 Annual Meeting
  • Lecturer: “International Restrictive Covenants in a Global Workplace,” 28th Annual National CLE Conference in Labor and Employment Law

2010

  • Lecturer: "Around the World in 90 Minutes: Highlights of Current Peculiarities and Pitfalls of Individual Transnational Employment Contracts," ABA Section of Labor & Employment 4th Annual Law Conference o Lecturer: "International Labor and Employment Law: A Bootcamp for U.S. Attorneys," American Conference Institute (ACI)
  • Lecturer: "How to Retain Talent And Survive in a Challenging Economy," Five O'Clock Club
  • Lecturer: "Keeping up with the Competition and Keeping the Taxman at Bay: Employment Contracts, Severance Agreements, and 409A," ABA Annual Meeting
  • Lecturer: "The Changing Landscape of Discrimination Law: New Developments in Privacy and Technology," Employment Discrimination Law and Litigation 2010 by the Practicing Law Institute
  • Lecturer: "Obama's Employment & Labor Rulings, Laws and Enforcements: An Update," Five O'Clock Club
  • Lecturer: "Enforcing Post Employment Restrictions Across Borders," ABA International Labor & Employment Law Committee Midyear Meeting
  • Lecturer: "Sex Discrimination Behind the Camera: How to Deal With Harassment in the Industry," New York Women in Film and Television (NYWIFT) in New York City

Publications (selected)

Ms. Lazar has had numerous articles and book chapters published, as well as several administrative law decisions while an attorney with the Honors Program of the Department of Justice.

  • Author: "Will New Legislation Cure The Gender Pay Gap?," Employees in the Workplace column, New York Law Journal, August 10, 2016
  • Author: "Sexual Harassment in the Legal Profession: It’s Time to Make It Stop," Employees in the Workplace column, New York Law Journal, March 4, 2016
  • Author: "Undocumented Immigrant Workers: Enforcing Rights," Employees in the Workplace column, New York Law Journal, October 28, 2015
  • Author: "‘1984’ in 2015: Protecting Employees,"Social Media From Misuse, Employees in the Workplace column, New York Law Journal, July 7, 2015
  • Author: “Mandatory Arbitration: Searching for Fairness,” Employees in the Workplace column, New York Law Journal, March 6, 2015
  • Author: “Employment and Labor Law in 2014: Has the Workplace Improved?,” Employees in the Workplace column, New York Law Journal, December 11, 2014
  • Co-author with Katherine Blostein: Negotiating Executive Employment Agreements: Cutting a Path Through the Regulatory Thicket, Bloomberg BNA, Pensions and Benefits Daily, July 2, 2014
  • Author: “Fathers Have Protected Rights to Care for Their Children,” Employees in the Workplace column, New York Law Journal, June 26, 2014
  • Author: "New York's Post-Employment Restrictions Limit Mobility", Employees in the Workplace column, New York Law Journal, March 31, 2014
  • Author: "U.S. Employees Need a Federal Data Protection Law", Employees in the Workplace column, New York Law Journal, January 30, 2014
  • Co-author: "Pay and Promotion Equity on Wall Street: Does Litigation Help?," New York Law Journal, October 15, 2013
  • Author: "Limitations to Workplace Privacy: Electronic Investigations and Monitoring – The Computer & Internet Lawyer," January, 2012
  • Co-Author: “Avoiding Pitfalls of Waiving Privilege, Creating Discoverable Evidence and Other Technological Liabilities: An Attorney/ Client Checklist,” Article for National Employment Lawyers Association 2011 Annual Convention
  • Author: "Lessons from Conan," The Financial Manager, May/June 2010, at 12-14.
  • Co-Editor In-Chief: "Restrictive Covenants and Trade Secrets in Employment Law: An International Survey," Bureau of National Affairs, Inc.
  • Co-Author: "Employees' Privacy Rights in the Digital Age," Article in New York Law Journal, April 2010
  • Co-Author: "Executive Employment Agreements," Executive Compensation Library Executive & Director Compensation Reference Guide by the Bureau of National Affairs, Inc.
  • Co-Author: "Changing Economy Impacts Executive Pay," Pension & Benefits Daily by the Bureau of National Affairs, Inc.
  • Author: "Negotiating and Drafting Expatriate Employment Agreements," International Labor & Employment Law, 3rd Ed., Vol. 1B by Bureau of National Affairs, Inc.
  • Author: "Multiple Issues in Corporate Raiding of Employees," New York Law Journal

Awards and Recognition

  • New York Law Journal: Top Women in the Law 2016
  • Lawdragon 500 Leading Lawyers, 2013 - 2016
  • AV-Preeminent Rated Attorney, Martindale-Hubbell, 2015
  • Super Lawyers: 2012 - 2015
  • New York Metro Super Lawyers Top Women 2015
  • Best Lawyers: 2012 - 2016
  • Fellow, College of Labor and Employment Law, 2014
  • Ford Foundation Fellowship in International Law
  • UC Hastings College of the Law, Work Life Law Board Member
  • Alexander Fellow, Cardozo Law
  • Emmy Award, Academy of Television Arts and Sciences

Press (Abbreviated List)

  • Quoted: Emma Jacobs, Lessons from the Litigants, Financial Times, March 31, 2010, at 14.
  • Quoted: Amy Engeler, Older And Out!, MORE, Nov. 2008, at 104, 105, 171.


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

Primary Practice

Labor, Employment and Workplace Safety

Secondary Practices

Higher Education Institutions

Privacy, Data Protection and Information Management

  • Telecom, Media and Technology

Education

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

Admissions

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

Languages

  • Spanish

Publications

How to Structure Overseas Independent Contractors Multinational Employer
Monthly Alerts/Updates
July 2015

How to Craft a Severance Release for an Overseas Employee or Expatriate
Multinational Employer Monthly
Alerts/Updates May 2015

How to Conduct Internal Investigations Outside the United States
Multinational Employer Monthly
Alerts/Updates April 2015

News

K&L Gates Enhances Global Employer Solutions Capabilities with Addition of Paris Labor and Employment Partner

K&L Gates LLP welcomes Christine Artus as a partner in the labor, employment and workplace safety practice.
Press Releases
12 November 2015

Chambers USA 2015 Guide Recognizes K&L Gates, Lawyers as Industry Leaders
Press Releases 20 May 2015