Expert Analysis

• 10 Tips For An Effective Cross-Border Investigation

  

  Multinational employers may find themselves investigating alleged wrongdoing that occurred in more than one nation, and U.S.-based lawyers and human resources executives often coordinate and directly carry out investigations overseas. But before boarding an international flight to interview witnesses or to review personnel files, in-house counsel and HR executives need to understand that the rules are different when it comes to conducting international investigations, says Philip Berkowitz of Littler Mendelson PC.

• Choice-Of-Law Clauses: Drawbacks For Employers

  

  The problem with an employment context choice-of-law clause is that it implicates tougher employment laws of the selected jurisdiction without blocking the mandatory application of tougher employment protection laws. The multinational employer now has to comply with two sets of employment protection laws, rather than just one, says Donald Dowling of White & Case LLP.

• Spotlight On UK's Changing Employment Laws

  

  The U.K. government recently announced that it is consulting on proposals, which, if implemented, will have a significant impact on the U.K. workplace and employment litigation. With these, plus other ongoing bills, proposals, reviews and consultations, it appears that employer-friendly legislation is on the horizon for 2013, says Suzanne Horne of Paul Hastings LLP.

• Determining Whose Laws Protect Border-Crossing Employees

  

  Probably the most common question in international employment law practice is, "which countries’ employment laws protect border-crossing employees such as expatriates and mobile workers?" This question is relevant when arranging any mobile job, expatriate posting or “secondment,” and it becomes vital when a multinational needs to dismiss border‑crossing staff, says Donald Dowling or White & case LLP

• UK Reforms: A New Era In Criminal Cartel Enforcement?

  

  A law before U.K. Parliament, the Enterprise and Regulatory Reform Bill, aims to achieve "strong, sustainable and balanced growth" through wide-ranging measures that seek to improve several areas of the law. In particular, the proposed competition law reforms represent a major re-casting of the U.K. regime, say Becket McGrath and Trupti Reddy of Edwards Wildman Palmer LLP.

• Recent Developments In German Competition Law

  

  The first half of 2012 saw again significant enforcement activity at the German Federal Cartel Office. The authority prohibited two mergers, imposed fines on three cartels, installed an anonymous whistleblower system, and started the second phase of its food sector inquiry, say Silvio Cappellari and Maria Held of Arnold & Porter LLP.

• Weighing UK Pensions Regulator's Moral Hazard Powers

  

  The question of whether the U.K. Pension Regulator's moral hazard powers are enforceable outside the U.K. arose first in the Sea Containers case in 2008 and, more recently, in the cases of the Nortel Networks’ U.K. DB Scheme and the Great Lakes DB Scheme. The differing approach of the Pension Regulator, the U.S. Bankruptcy Court and the Canadian courts in each of these cases is noteworthy, say Sian Robertson of Greenberg Traurig Maher LLP and David Cleary of Greenberg Traurig LLP.

• Extra-Territorial Application Of The Automatic Stay

  

  A recent decision in the Nortel Networks Chapter 11 proceedings demonstrates the difficulty of an expansive approach to U.S. bankruptcy court jurisdiction and calls into question the ability of claimholders to participate in statutorily mandated foreign proceedings without risking loss of their claims and potential sanctions in the U.S. bankruptcy court, say Steven R. Gross, Katherine Ashton and Shannon Rebholz of Debevoise & Plimpton LLP.

• Effective Management Of UK Employee Exits

  

  This article aims to explain in general terms the protections that apply to employees in the United Kingdom and the choices available to an employer in relation to possible employee terminations — along with the relative risk and costs when deciding how to terminate, says Bettina Bender of CM Murray LLP.

• Trends For Encouraging Employee Whistleblowing

  

  There appears to be little doubt that there is an emerging international consensus that whistleblowing is a legitimate tool for dealing with economic fraud and should be encouraged as one way of stemming such wrongdoing, say Eric A. Savage and Anita S. Vadgama of Littler Mendelson PC.

• U.S. Incentives, EU Employees And Conflicts Of Law

  

  U.S. employers frequently offer senior employees who are based overseas the opportunity to participate in incentive and bonus arrangements that contain provisions protecting the employer’s interests. Any doubt concerning the enforceability of such provisions in the EU now appears to have been resolved in the employees’ favor, say Christopher K. Walter and Mark M. Poerio of Paul Hastings Janofsky & Walker LLP.