Practice Areas & Industries: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

 





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Practice/Industry Group Overview

International Labor and Employment Solutions

At Ogletree Deakins, we understand that our clients’ employment issues often are not isolated to one state, country or region of the world. Our International Practice Group facilitates business growth by helping to centralize our clients’ employment, human resources and compensation practices. We offer cross-border solutions to today’s key challenges arising out of managing a global workforce, as well as assistance to growing businesses involved in foreign transactions for the first time. We pride ourselves on providing practical business solutions to complex employment issues in an efficient and cost-effective manner.

Global Services

We assist our multinational clients with the full range of employment services designed to help drive consistent management practices worldwide. These include:

  • Global codes of business ethics, employment handbooks and their components, including:

Codes of conduct;

Anti-harassment, anti-bullying and anti-discrimination policies;

Finance and sales policies; and

Complaint reporting and investigation procedures compliant with the Sarbanes–Oxley Act, data privacy requirements and local laws.

  • Worldwide reductions-in-force/restructurings;
     
  • Global compensation plans, including sales incentive/commission and bonus plans;
     
  • Benefits plans, such as severance policies; and
     
  • Worldwide management training in ethics policy compliance, Foreign Corrupt Practices Act compliance, bullying/“moral harassment” and discrimination/ sexual harassment and investigation requirements.

 Mergers and Acquisitions

We understand the interplay between global corporate transactions and domestic labor and employment protections imposed by statute, case law and contract. We facilitate cross-border transactions by:

  • Analyzing Transfers of Undertakings principles and quantifying the resulting transaction costs;
     
  • Advising on effective approaches to managing contractual rights and benefits in foreign employment agreements; and
     
  • Assisting with benefits and compensation migration, training and integration.

Managing Foreign Employment Issues

Our U.S.-headquartered clients with overseas operations face a number of challenges managing distant employees. We help clients establish initial employment relations overseas with compliant worker classifications. We also assist clients in integrating local requirements and market practices related to employment contracts with their workforce practices and culture, and we enable clients to achieve business objectives when they are under resistance from local operations. We manage foreign counsel for clients and “translate” their advice into solutions that work for clients’ businesses. We conduct works council and trade union negotiations and supervise local litigation to ensure clients receive the same passionate advocacy they expect and on which they depend from U.S. counsel.

Easing the Challenges of the Domestic Subsidiary

U.S.-based subsidiaries of foreign parents face challenges being managed from abroad and are often asked to participate in unfamiliar initiatives and benefits programs. We help U.S. domestic subsidiaries understand foreign directives and programs, quantify their impact on local cost models, and avoid unintended liability.

In addition, our diverse, multilingual team is sophisticated in the nuances of foreign cultures. We provide sound legal advice to foreign operations in U.S. labor and employment law compliance requirements.

Facilitating a Mobile Workforce

Pulling together a cross-functional team of Ogletree Deakins attorneys with experience in tax, immigration, benefits and employment laws, we assist with all aspects of moving employees among operations. From expat packages to short-term relocations, from contingent worker service agreements to establishing foreign subsidiaries, we will manage these arrangements with employees in a manner that protects clients’ interests and achieves their business objectives.

Effective. Efficient. Smart.

We understand the challenges clients face managing competing business priorities, cultural issues and corporate initiatives. Our services are structured to promote clients’ business models.  We will never overstaff a discussion or make clients do the legwork to conduct multijurisdictional research. We communicate with clients efficiently and provide recommendations that clients can use.

Predictable, Cost-Effective Approach

We offer a range of billing structures designed to promote our clients’ budgeting priorities. These include fixed fee arrangements, project-based fees and blended rates.