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

Recognition

Named, The Best Lawyers in America©

2007-2019

Named, Who's Who in American Law

2014

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

Who's Who Legal

2012-2016

Named, America's Leading Lawyers for Business

Chambers USA

2005-2018

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

Who's Who Legal

2011

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, Recognised Practitioner

Chambers USA

2017

News, Analysis & Press

#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

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

Speaking Engagements

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
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

Chicago, IL

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 Mexico Conference

México City

November 11, 2015
Littler Global Primera Conferencia en México y Monterrey

México City

November 11, 2015
Littler Global Mexico Conference

Nuevo León, C.P.

November 10, 2015
Littler Global Primera Conferencia en México y Monterrey

Nuevo León, C.P.

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

New York, NY

January 24, 2012
Financial Services HR Roundtable: Employment Agreements for Financial Institutions

New York, NY

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

New York, NY

September 13, 2011
Defensive Writing Skills: Email and Social Networking

New York, NY

March 23, 2011
New York Benefits Summit

New York, NY

February 10, 2011
The Rising Tide of Retaliation and Whistleblower Claims: What It Means for Employers

New York, NY

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