LEL Flash | Issue: July/August 2013

FLASH header

Flash Co-Chairs: Jeremy J Glenn, Meckler Bulger et al | Elana Hollo, National Labor Relations Board | Katherine Huibonhoa, Paul Hastings LLP | Amy F. Shulman, Broach & Stulberg LLP

Issue: July/August 2013

Comments from the Chair

Looking Forward

August is upon us. My year as Section Chair is ending, but the FLASH is not the place for looking back at what has been. Rather, now is the time to preview the programs and activities we have planned for the coming year. As a new ABA year begins, I hope my legacy is a membership of the Section of Labor and Employment Law who not only recognize that the Section offers a robust agenda to support every member's professional development, but who also fully appreciate that by attending and . . . [more]


Special Feature

Making Sense of Uncertainty in the Wake of Noel Canning

The National Labor Relations Board was created back in 1935 in the midst of the Great Depression and at a time of intense conflict between management and labor. The Board, by design, continues to be a focal point for conflict, both economic and political. Until this year, however, the Board never faced the kind of existential crisis that it was confronted with up until just a few short weeks ago when the Senate reached a bipartisan compromise that enabled the president to fill vacancies on the Board, such that the Board can perform all of its functions. On July 30, 2013, the Senate confirmed all five of the President's nominees--the first time the Board has had a full slate of five regularly appointed and . . . [more]

Ethics Corner

More Jurisdictions Adopt Admission by Motion Rules

In a mobile society like ours, it is not uncommon for lawyers to move across state lines or to practice in multiple jurisdictions. In recognition, more jurisdictions are amending their Admission by Motion rules (often referred to as reciprocity rules) to allow experienced lawyers to . . . [more]

Ethics Tip of the Month: July | August


Annual Conference News

Register for the ABA 7th Annual Labor and Employment Law Conference!

Conference LogoJoin us at the Section's 7th Annual Labor and Employment Law Conference, November 6-9 in New Orleans. The Conference provides an opportunity to meet and talk with top practitioners representing employees, employers, and unions, as well as in-house counsel, neutrals, academics, government lawyers and regulators. In addition to top quality CLE programming, we have planned networking events at some great locations that will allow you to network with your colleagues in a relaxed atmosphere and enjoy some New Orleans flavor--"laissez les bon temps rouler!" The Conference also offers you an unparalleled opportunity to learn about government initiatives from agency representatives. Read the Conference brochure.

Register early to take advantage of substantial registration discounts. Hurry: early discounts end September 13!

Conference Schedule


Read Annual Section Conference Programming Highlights

Welcome to New Orleans from the Conference Host Committee

Read the September issue of the FLASH to learn what makes our Conference so valuable to new and to long-time Conference attendees!

Committee News

LEL Committees Promote Pro Bono at Midwinter Meetings

In keeping with the LEL Section's commitment to pro bono, standing committees conducted a variety of pro bono events or fundraisers as part of their midwinter meetings. Section leaders attended committee meetings and promoted pro bono activities. They encouraged nominations for the Section's Frances Perkins Award. The ABA's initiative to combat human trafficking was offered as a potential focus of members' pro bono efforts. Attendees were also asked to share information concerning . . . [more]

International Labor and Employment Law Committee News

ELA/ABA Joint Transatlantic Employment Law Conference
London, United Kingdom

The Committee has again been invited by the (UK) Employment Lawyers Association (ELA) to participate in a Transatlantic Employment Law Conference. Non-U.S. residents can register with this link. Anyone interested in attending or participating in the conference should contact the U.S. co-chairs, Gary Siniscalco or Wayne Outten, for further details.

This program follows two very successful comparative law conferences that the Committee and ELA conducted in 2009 and 2011. The focus again will be on a range of employment law issues of interest to private practitioners representing employees and employers as well as in-house counsel of multinational corporations. The conference will consist of a series of panels with U.S and U.K. lawyers addressing key employment issues.

Two Updates to Restrictive Covenants Volumes Now Available!

Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volumes I and II, 2013 Cumulative Supplements

This two-volume set is a guide for companies and attorneys dealing with trade secrets or covenants in employment agreements, providing country-specific information, as well as useful regional overviews on trade secret laws and international restrictive covenants. Country-by-country surveys explore the differences between the U.S. and foreign countries in regulating noncompetition and nonsolicitation provisions and in imposing restrictions related to confidential information and trade secrets; they also analyze privacy concerns that arise when employers try to restrict employees’ disclosures, conduct investigations concerning possible violations, or monitor compliance.

Volume I explores the requirements of many European countries. The 2013 Cumulative Supplement offers updates on France, with a Supreme Court ruling that if an employer fails to pay the financial compensation provided by a contract, the employee is entitled to damages; Germany, about new case law regarding post-employment nonsolicitation clauses and monetary and injunctive relief; Ireland, on a decision of the Irish High Court regarding an application by an employee for a declaration regarding the enforceability of a disputed restraint; Poland, regarding a Supreme Court ruling that actions of third parties aimed at disrupting contractual relations that bind an entrepreneur violated the Unfair Competition Act; and the United Kingdom, with a rare example of the High Court upholding a restriction contained in an unsigned employment contract, new case law regarding the degree of proof required in nonsolicitation cases, reasonableness of nonsolicitation restrictions for key employees in small businesses, and more.

Volume II explores the differences among countries in the Americas, Asia, the Middle East, Oceania, and Africa. The 2013 Cumulative Supplement offers updates on Brazil, regarding changes to the Labor Code about prior notice periods for termination without cause; Canada, in relation to new case law confirming more liberal standards for evaluating the reasonableness of restrictive covenants between parties of similar bargaining power; China, as regards amendments to the Employment Contract Law; Hong Kong, regarding new case law about the reasonableness and breadth of noncompetition and nonsolicitation clauses; Indonesia, on new implementing regulations regarding phase-in of decent living requirements for workers, outsourcing work, and prohibited positions for expatriate workers; Singapore, concerning case law relating to the proprietary interest in good will being protected by reasonable restrictive covenants and to damages awarded for breach of contract in employment terminations; Vietnam, about amendments to the Labor Code; Saudi Arabia, regarding cancelling the jurisdiction of the Board of Grievances in implementing foreign decisions and arbitral awards; South Africa, discussing an additional challenge to the validity of a restraint of trade based on duress in signing an agreement; and Australia, where the Full Federal Court upheld a two-year restraint period because it reasonably accommodated the contractual cycle of the employer.

These treatises and supplements are published in cooperation with the International Labor and Employment Law Committee.

Section members are entitled to significant discounts on this and other Section treatises published by ABA/Bloomberg BNA, including the following recent new supplements: The Railway Labor Act, Third Edition, with 2013 Supplement; The Uniformed Services Employment and Reemployment Rights Act, with 2013 Cumulative Supplement; and Employee Benefits Law, Third Edition, with Spring 2013 Supplement.

For a complete listing of Section titles and discounted prices, and to order, visit www.bna.com/bnabooks/abale.

Be sure to check ABA Journal of Labor and Employment Law and Labor and Employment Law News archives for more news and reports. The current issue is always on top.


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