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Cross Border Employer Blog

Posts from November 2010.

When involuntarily terminating an employee in the United Kingdom, there are at least two perspectives on the necessity of termination payment, as explained in a recent decision from the Employment Appeal Tribunal. The statutory standards for unfair dismissal under the Employment Rights Act of 1996 are distinct and separate from the question of whether an employee was entitled to payment in lieu of notice under his or her employment agreement.

Companies doing business in the European Union should take note of a recent case in which the European Court of Justice dismissed an appeal by Akzo Nobel Chemicals Ltd (“Akzo”) and Akcros Chemicals Ltd ("Akcros”) that challenged a 2007 lower court decision that an in-house lawyer’s emails accessed during a European Commission antitrust investigation were not protected by the what the Court refers to as the legal professional privilege, or the ...

A recent decision from the Court of Appeals of New South Wales, Australia, illustrates the potential value of using a series of independent but “cascading” covenants to create options for enforceability of restrictive clauses depending on what a reviewing court may find to be reasonable.

In recent weeks it has been widely reported that South Korea continues to have a growing economy, and is being sought as a place to do business. This article will summarize three significant new labor and employment laws of which both local employers in Korea as well as multi-national employers should be aware before they either start to do business in South Korea or expand their current business ventures.

  • Union Matters. The below two laws, Amendments to ...

Multi-national companies interested in sending U.S. employees on expatriate assignments for casino- and other business-related reasons must ensure they are making the right decision in creating the specific expatriate assignment. They also must take prudent steps in preparing the terms and conditions of such assignments to limit legal liability. For example, many Asia-Pacific countries have opened their markets to foreign casino operators in ...

In a case that provides guidance to multi-national companies bringing lawsuits based on trade secret misappropriation or other actions, the U. S. District Court for the Western District of Virginia, Charlottesville Division, denied the Motion of Arthrex, Inc., to dismiss several state trade secret appropriation claims made by MicroAire Surgical Instruments, LLC. Arthrex had based its Motion on the theory of forums non conveniens, claiming that ...

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