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Choice of Law and Conflict of Law Issues Facing Global Employers


Product Code - INAU01
Speaker(s): Erika Collins, Partner, Paul Hastings
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Employment law is a matter of public policy around the globe. As such, it is often not possible for employees and employers to contract around the local employment regulations. In addition, choice of law provisions in employment agreements are often only enforceable to the extent that the terms of the agreement do not offend the local applicable law. Multinational corporations, more than ever before, need to understand how choice of law decisions can affect employment relationships.

And as any multinational employer knows choice of law issues impact a myriad of employment issues. Often the global policies and programs adopted by the parent company are not readily exportable to its subsidiaries around the globe. During the webinar, we will address the implementation of global policies, and programs that especially evoke the need to consider choice of law decisions, such as expatriate issues, virtual employees, and independent contractors.

In addition, often times, the laws of one country conflict with another countrys laws, and employers are left with what at first seems like an unsolvable problem. For example, over the last year, while dealing with the Troubled Asset Relief Program (TARP), bank employers experienced more of a collision than a conflict of laws as they were faced with complying with TARP or violating the employment laws in many other jurisdictions. This is markedly similar to the issues companies face when trying to simultaneously comply with the EU data privacy laws and the U.S. Sarbanes-Oxley Act and U.S. anti-discrimination laws. We will discuss how to handle these conflicts as well as address the extraterritorial application of some U.S. employment laws abroad.

Join Bloomberg BNA and Erika Collins, partner in Paul Hastings employment law practice, for a discussion of:

Choice of Law Issues Involving

  • employment agreements
  • global corporate policies
  • expatriate issues
  • virtual employees
  • independent contractors

Conflict of Law Issues Involving

  • TARP
  • data privacy
  • anti-discrimination laws
  • extraterritoriality

Erika Collins, Partner, Paul Hastings

Erika Collins is a partner in Paul Hastings employment law practice in New York where she chairs the firms international employment law practice. Ms. Collins provides strategic advice and counseling to multinational employers on a wide range of global employment law and human resources matters. She leads a team of employment lawyers in the firms U.S. and non-U.S. offices and has developed a network of international employment counsel to provide assistance worldwide. Ms. Collins represents public and private companies and advises on cross-border employment matters spanning Europe, Asia, Africa and North and South America. She is an Officer of the Industrial Relations and Employment Law Committee of the International Bar Association and is currently one of the ABAs SIL liaisons to the Section of Labor and Employment Law. Ms. Collins is also listed in Chambers and Best Lawyers in America.