Employment Agreement And Cross Border Employment—Confidentiality, Trade Secret, And Other Restrictive Covenants In A Global Economy
Outten & Golden partner Wendi S. Lazar's article canvasses the differences between the U.S. and foreign countries in defining and enforcing some of the common restrictive covenants and privacy clauses in employment agreements for expatriate executives and professionals. The article contrasts post-employment duties of confidentiality and non-competition in the U.S., where the duties arise under common law, to foreign jurisdictions, where such duties must be created by contract and even then may be struck down as contrary to public policy. The article includes a treatment of the mechanisms available for enforcement of restrictive covenants. In Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I, ABA Section of Labor and Employment Law, published by BNA Books 2010 — Wendi Lazar and Gary R. Siniscalco, Editors-in-Chief.
Expatriate employment agreement benefits checklist. Wendi S. Lazar, Outten & Golden LLP, October 2009
Expatriate employees have a unique relationship with the companies they work for. They have particular needs and requirements because there is little separation between their professional and personal lives. Therefore, as companies become increasingly multinational and transfer U.S. employees to different countries abroad, companies have greater and far more complex responsibilities to those employees and their families, including increasing the risk of their liability. For the expatriate employee and her counsel, the great challenge in negotiating expatriate benefits is to ensure that the economic and personal living needs of her and her family are satisfied and that they remain “whole” throughout the assignment. If this is achieved, the expatriate experience is a win‐win for both the company and the employee.
Expat Or Local? What German Employees Must Know When Coming To Work In The U.S. (Parts 1 & 2)
Employment attorney Wendi S. Lazar, with Ian M. Maywald, German American Trade, Volume 18, Number 9, November 2007. Discussion of possible terms of employment contracts for German workers coming to work in the U.S.
Most German employees who come to work in the U.S. are either transferred from a U.S. or foreign corporation on temporary assignment (“expatriates”) or are here in the U.S. seeking new employment (“locals”). In both of these situations knowing the differences between German and U.S. employment law is important. These differences are significant and working with an employment attorney to memorialize the relationship into a binding and explicit agreement is critical for job security and asset protection for these employees and their families.
The Big Chill: Performers And Athletes Received A Cold Reception After 9/11—But Are Things Getting Warmer?
Wendi S. Lazar, a partner at O&G, and her co-author Gretchen Van Deusen describe the perils and pitfalls of applying for visas for entertainers and athletes. Beginning with a review of the visa application process before September 11, 2001, and the changes that ensued afterwards, the authors continue with concrete advice for visa applicants and their representatives for maximizing their chances of obtaining a visa as quickly and easily as possible.
This article will explore the ways in which PPS and security delays have impacted American arts and athletic venues since the summer of 2002, and will take a look forward at what might be expected for the summer of 2007 and beyond. Employment attorney Wendi S. Lazar. Summer 2007.
Counseling Multinational Employees: Their Rights And Remedies Under US Law
This article by Outten & Golden partner Wendi S. Lazar sketches a map through the convoluted terrain of representing multinational and expatriate employees. Simply determining whether there may be a cause of action can require careful parsing of the laws of multiple jurisdictions and the employer's corporate structure as well as the usual inquiries into the employee's and employer's conduct and relevant contracts. Using a case study of one employee's circumstances and potential legal claims, Lazar outlines the important issues an attorney must resolve in order to best counsel a client. (2006, with significant contributions from Wayne Outten and Anjana Samant.)