Overview

Philip M. Berkowitz is the U.S. practice co-chair of Littler's International Employment Law Practice Group and co-chair of the Financial Services Industry Group. He advises multinational and domestic companies in a wide range of industries on employment-related matters. He has significant experience advising multinational companies regarding U.S. and overseas employment and executive compensation practices. He represents employers in individual and class action lawsuits and arbitrations, and he appears in U.S. federal and state courts and before administrative agencies and international arbitration tribunals.   

Philip handles all regulatory facets of employment law, including:

  • Compliance with equal employment and other statutes governing the workplace
  • Employee benefits
  • Executive compensation
  • Employment agreements
  • Restrictive covenants
  • Trade secrets
  • Non-compete agreements

His diverse selection of clients includes companies in financial services, oil and gas, pharmaceuticals and chemicals, publishing, and fundraising.

A respected authority on international employment law issues, Philip conducts training worldwide on labor and employment matters. He is a frequent speaker before the American Bar Association, the International Bar Association, the Japan Society and other prominent international organizations. Philip is the founding chair of the Practising Law Institute’s (PLI) Annual International Employment Law Conference.

Philip previously worked as a partner and head of international employment law at a full-service international law firm.

Professional & Community Affiliations

Vice Chair

International Employment Law Committee, International Law Section

American Bar Association

Vice Chair

Employment Law Committee, International Law Section

American Bar Association

Vice Chair

Diversity and Equality Law Committee

International Bar Association

Officer

Diversity and Equality Law Committee

International Bar Association

Former Chair

International Law Practice Section

New York State Bar Association

Founding Chair

International Employment Law Committee

New York State Bar Association

Member, Corporate Advisory Council

Japan Society

Member, Counsels' Council

Pro Bono Legal Advisory Committee

Lincoln Center

Member

Legal Counsel Committee

China General Chamber of Commerce

Recognition

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, The Best Lawyers in America®

2007-2024

Recipient, BTI Client Service All-Star Award

2022

Ranked, Labor & Employment

Chambers USA

2006-2013, 2017-2023

Named, International Who's Who of Management Labour and Employment Lawyers

Who's Who Legal

2012-2016

Named, Who's Who in American Law

2014

Named, Who's Who of Management Labour and Employment Lawyers

Who's Who Legal

2011

News, Analysis & Press

Background Checks in Banks, and Conflicts with Ban-the-Box Laws

Global Banking & Finance Review

November 17, 2023

SEC Attacks Non-Disclosure Agreements

New York Law Journal

November 8, 2023

Bonuses, Clawbacks and Bad Behavior

New York Law Journal

March 8, 2023

When Is Employment Law Advice Privileged—or Not?

New York Law Journal

November 9, 2022

Comment on Supreme Court OSHA Decision

New York Law Journal

January 14, 2022

Recent Diversity Requirements In Financial Services

New York Law Journal

January 13, 2022

May I Work From Home? Accommodating Those COVID-19 Requests

New York Law Journal

September 8, 2021

Risks in Internal Audits of Compliance Policies

New York Law Journal

July 7, 2021

The Littler Annual Employer Survey 2021

Littler Report

May 12, 2021

Reopening and COVID-19: Risks of Moving Too Fast

New York Law Journal

November 10, 2020

Internal Investigations and Work Product: Recent Cases

New York Law Journal

September 9, 2020

Cross-Border Sexual Harassment Claims and Investigations

American Bar Association

September 2, 2020

Foreign Expatriates and U.S. Discrimination Lawsuits

New York Law Journal

July 8, 2020

A Challenge to New Joint Employer Rules

New York Law Journal

March 11, 2020

Employee Bad Actors: Can Employers Recover?

New York Law Journal

January 8, 2020

Banks and Whistleblowers: Regulators Pounce

New York Law Journal

November 13, 2019

Cross-Border Investigations: A Practical Update

New York Law Journal

September 11, 2019

Heightened Regulation of Corporate Compliance Programs

New York Law Journal

July 10, 2019

DFS Whistleblower Guidance: Advice and a Warning Shot

New York Law Journal

March 13, 2019

Advising Banks: the CSI Peril

New York Law Journal

January 9, 2019

#MeToo at Home and Abroad

Insight

July 16, 2018

#MeToo at Home and Abroad

New York Law Journal

July 11, 2018

Different Cultures, Different Legal Approaches

New York Law Journal

May 9, 2018

Non-Disparagement Agreements: Worth It?

New York Law Journal

February 23, 2018

Hiring Practices and the FCPA

New York Law Journal

January 10, 2018

Japanese Expatriates and U.S. Discrimination Lawsuits

Corporate Counsel Connect

June 1, 2017

US: Heightened Standards and Bank Human Resources

International Bar Association Banking Law News

May 2017

Investigations Guidance for Multi-Nationals

New York Law Journal

May 10, 2017

Trade Secrets and Whistleblower Disclosures

New York Law Journal

March 8, 2017

American Presidency: Trump's Win Confuses a Jittery Middle East

International Bar Association

January 23, 2017

Employment Law Expectations of a Trump Administration

New York Law Journal

January 11, 2017

New SEC 'Risk Alert' on Confidentiality Agreements

New York Law Journal

November 9, 2016

No-Poaching Pacts Could Land HR Professionals in Jail

Bloomberg BNA Human Resources Report

November 4, 2016

Heightened Standards and Bank Human Resources

New York Law Journal

July 14, 2016

Background Checks in Banks, Conflicts with New Laws

New York Law Journal

March 10, 2016

New U.K. Whistleblower Rules Rein in Banks

New York Law Journal

January 14, 2016

Questioning Gender Quotas

Workforce

October 22, 2015

Whistle-Blowing Policies Needed in Response to Ruling

Society for Human Resource Management (SHRM) Online

September 17, 2015

Gender, Diversity, European Quotas, and U.S. Law

New York Law Journal

September 10, 2015

Treasury's OCC Churns Human Resources Seas

New York Law Journal

July 15, 2015

In Pursuing Gender Diversity Goals, Beware Lawsuits

Corporate Counsel

July 10, 2015

Lawyers and PR Strategy: The Privilege, and the Limits

New York Law Journal

May 14, 2015

Top 10 Considerations when Outsourcing in Mexico

ACC Legal Resources

April 20, 2015

SEC and EEOC's Interest in Confidentiality Agreements

New York Law Journal

March 11, 2015

Top 10 International Employment Law Issues in 2015

New York Law Journal

January 8, 2015

Bounties for Wandering Whistleblowers

New York Law Journal

November 13, 2014

Chinese companies in US urged to learn the employment laws

GlobalAutoIndustry.com

October 21, 2014

Chinese companies in US urged to know employment law

ChinaDaily USA

September 18, 2014

New York and Texas: New Non-Compete 'Partners'

New York Law Journal

September 11, 2014

'Presumption of Prudence' Axed in ESOP Stock-Drop Cases

New York Law Journal

July 10, 2014

The eBay Settlement: A Look at No-Hire Agreements

New York Law Journal

May 8, 2014

Outsourcing in Mexico: Best Practices

Association of Corporate Counsel

March 24, 2014

Supreme Court Grants Lawyers Whistleblower Protection

New York Law Journal

March 13, 2014

Whistleblower Claims: Issues for 2014

New York Law Journal

January 9, 2014

The Attorney-Client Privilege and Advising Across Borders

New York Law Journal

November 29, 2013

A Kiss in the Caribbean Results in a Lawsuit in New York

New York Law Journal

September 12, 2013

Discrimination and Deemed Export Laws Intersect

New York Law Journal

July 11, 2013

Lawyers Think Whistleblower Protections Will Be Extended

Fund Action

May 27, 2013

Dynamic Year Expected in Labor and Employment Law

New York Law Journal

January 10, 2013

Looking Back at Obama's Term in Employment Law

New York Law Journal

November 7, 2012

Cross-Border Employment and Forum Selection Clauses

New York Law Journal

September 13, 2012

The "Bring Your Own Device" to Work Movement

Littler Report

May 10, 2012

Cross-Border Assignments: Current Trends

New York Law Journal

May 10, 2012

Whistleblower Investigations: Are They Privileged?

New York Law Journal

November 10, 2011

Bias theory upheld in reservist case

Business Insurance

March 6, 2011

Books & Book Chapters

  • Chapter 21: International Labor and Employment Law, International Corporate Practice: A Practitioner’s Guide to Global Success, Practising Law Institute, Chapter Co-Author: Trent Sutton, 2021
  • Chapter 21: International Labor and Employment Law, International Corporate Practice: A Practitioner’s Guide to Global Success, Practising Law Institute, Chapter Co-Authors: Stefan Marculewicz, Joseph Lazazzero, Trent Sutton, and Philip Gordon, 2012
  • Handbook on International Employment Law, American Bar Association, Co-Authors: Thomas Mueller-Bonanni, Anders Etgen Reitz, 2008

Speaking Engagements

Safely Unlocking the Power of AI: Employment and Other Legal Risks and Best Practices

Japan Society New York, NY

October 4, 2023

Managing Multi-Jurisdictional Reductions in Force: Key Issues for Global Employers

Practising Law Institute

October 4, 2023

2023 Tri-State Regional Employer Conference

New York, NY

June 20, 2023

The Post-COVID Workplace in Financial Services

New York, NY

November 9, 2022

Why Employers Shouldn't Forget About Executive Compensation

March 10, 2022

It’s Not Just About COVID! Major New Changes in NY State and City Employment Law

February 16, 2022

Compensation in Financial Services: An International Perspective on Bonuses, Long-term Incentive Arrangements, and Rights on Termination

November 2, 2021

A Virtual Financial Services Roundtable

September 28, 2021

Virtual Financial Services Roundtable

New York, NY

April 6, 2021

Managing Your Workforce in APAC in 2020 and Beyond

New York, NY

October 24, 2019

Employment Law Essentials: Avoiding Common Legal and Human Resources Pitfalls

New York, NY

June 26, 2019

New York Financial Services Roundtable

New York, NY

June 12, 2019

New York Financial Services Roundtable

New York, NY

September 25, 2018

International Employment Law Roundtable

New York, NY

June 26, 2018

New York Financial Services Roundtable

New York, NY

June 20, 2018

New York Financial Services Roundtable

New York, NY

February 13, 2018

New York Financial Services Roundtable

New York, NY

October 25, 2017

International Employment Law 2017

PLI Seminar, New York, NY

June 7, 2017

Essential Employment and Labor Law Updates for Companies with Employees in or from Japan

January 30, 2017

Financial Services and Corporate Compliance

New York, NY

November 30, 2016

Inaugural U.K. Conference

November 8, 2016

Two Hot Topics: Mandatory Arbitration, and Separation / Confidentiality Agreements

New York, NY

November 3, 2016

Hot Topics in International Labor and Employment Law

May 19, 2016

The Role of HR Professionals in Investigating Compliance and Whistleblower Claims

The 2016 Executive Employer® Conference

May 5, 2016

Corporate Compliance & Financial Services Update

New York, NY

November 19, 2015

Littler Global Primera Conferencia en México y Monterrey

November 11, 2015

Littler Global Mexico Conference

November 11, 2015

Littler Global Primera Conferencia en México y Monterrey

November 10, 2015

Littler Global Mexico Conference

November 10, 2015

2015 Tri-State Employer Conference

New York, NY

November 5, 2015

International Employment Law 2015

Practising Law Institute, New York, NY

June 29, 2015

NAFTA 21 Years: Assessment and New Opportunities for the Tri-State Business Community

New York, NY

May 26, 2015

Employee health and wellness programmes and policies – are they essential or just nice to have?

April 9, 2015

What Employers in Small and Medium-Sized Companies Need to Know: Contrasting French, American & New York Labor Laws

New York, NY

March 31, 2015

Best Practices for Cross-Border Employment Agreements

Association of Corporate Counsel (ACC) Webinar

November 11, 2014

The 2014-2015 Labor & Employment 'Hot' Topics for Asia and U.S. Employers

Client Presentation, Tokyo, Japan

October 23, 2014

Whistleblower Update: New Risks & New Regulation in Europe & the United States

New York, NY

July 9, 2014

Conducting Cross-Border Investigations: Disclosure, Privilege, and Related Issues: Overcoming Challenges and the Latest Developments

June 17, 2014

Investigating Cross-Border Whistleblower Claims: A Challenge for Multinational Employers

July 31, 2013

International Employment Law 2013

Practising Law Institute (PLI)

June 11, 2013

Getting it Right: Strategies for Maintaining an Effective Corporate Ethics & Compliance Program

New York, NY

February 7, 2013

Employment Law Challenges Facing Multinationals in Asia

Global Employer Institute

Littler Mendelson, Washington D.C.

November 9, 2012

What Every Multinational Should Know About Bounty Hunters and Whistleblowers

Global Employer Institute

Littler Mendelson, Washington D.C.

November 8, 2012

Financial Services HR Roundtable: Failure to Communicate and Other Problems

New York, NY

October 18, 2012

Drafting and Enforcing Secure Cross-Border Restrictive Covenants

July 19, 2012

China's Labor and Employment Laws: What It Means for U.S. Employers

New York, NY

July 19, 2012

Channeling the Workplace Social Media Explosion: Opportunities and Risk for Employers

New York, NY

July 18, 2012

What You Need To Know about the Role of Employment Taxes in Everyday Business Affairs

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012

Cross-Border Investigations and Litigation: A Primer for the Multinational Employer

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 10, 2012

Financial Services Roundtable: Update on Compensation Trends in the Financial Services Industry

New York, NY

March 9, 2012

Pressing Issues Facing Retailers—In the U.S. and Abroad

February 13, 2012

The Digital Workplace: Maximizing the Benefits - Minimizing the Risks

January 24, 2012

Financial Services HR Roundtable: Employment Agreements for Financial Institutions

October 11, 2011

The UK Bribery Act in the U.S.

September 15, 2011

Japanese Companies & U.S. Employment Law Liability: How to Avoid Court and Stay Out of the Headlines

September 13, 2011

Defensive Writing Skills: Email and Social Networking

March 23, 2011

New York Benefits Summit

February 10, 2011

The Rising Tide of Retaliation and Whistleblower Claims: What It Means for Employers

October 20, 2010

Education

  • J.D., Northwestern School of Law of Lewis and Clark College, 1978
  • B.A., State University of New York at New Paltz, 1975

Bar Admission

New York

Courts

  • U.S. Court of Appeals, 1st Circuit
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. District Court, Western District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of New York