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Recent and rapid artificial intelligence developments have captured public attention and much has been discussed around how organizations will need to prepare.

From an employment standpoint, the increasingly sophisticated potential for AI applications spans the entire employee lifecycle, from recruitment to onboarding, training and more.  
 
In the second report in our Workforce Redesign: Outlooks for Business Leaders series, we explore how businesses can responsibly address evolving AI risk in the context of recruitment and empower a more diverse and engaged workforce. Key considerations include:

  • Critical blind spots in HR and hiring tools oversight as it relates to the use AI.
  • Discrimination and data privacy concerns in the application of AI throughout the recruitment process.
  • The importance of establishing your “AI mindset” across initiatives to withstand rapid change and addressing AI-specific risk areas.

Read the article today to confidently plan for what’s next for your workforce.

More articles coming soon! Our Workforce Redesign: Outlooks for Business Leaders series spans the key areas of change that are shaping the modern workforce, including: responsible AI in HR, the future of flexible work and the war for talent. Visit our hub for all of the insights on this topic to date, with more content coming soon!

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Presented by the Institute for Technology Law & Policy at Georgetown Law in collaboration with Baker McKenzie.

On November 8, join thought leaders from government, the judiciary, academia, and private practice for this timely gathering on the Georgetown Law campus in Washington, DC. Laws and policy surrounding the protection of trade secrets are changing as technology evolves.

In this first-of-its-kind event at Georgetown, intellectual property experts will discuss the following topics:

  • How generative AI is transforming the trade secret landscape
  • The role of non-competes
  • Protecting against leaks of confidential information
  • The impact of China’s emerging trade secret protection landscape on global commerce
  • The future of trade secrets in the US and abroad 

Date: Wednesday, November 8, 2023

Time: 9:00 am to 6:00 pm EST

Location: 500 1st Street Northwest, Washington, DC 20001

Click here to indicate your interest in attending this in-person event.
Click to view the complete agenda.

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In many cases, when a candidate is recruited, they offered a new hire grant of equity awards and (possibly) subsequent “refresh” grants. Depending on the company, this can be a significant component of the employee’s total compensation and may be the most important piece to get the candidate to accept the offer. 

So, naturally, companies tend to include information about the equity awards in the offer letter provided to the candidate, together with information about the employment terms (e.g., base pay, bonus eligibility, etc.). 

If the candidate is to be employed by an entity outside the United States that is different/separate from the company that will be granting the equity awards (typically the parent company), we strongly recommend changing this practice. In a nutshell, we would advise to delete any references to the equity awards from the offer letter (as well as from any employment agreement that may be provided later or at the same time) and to communicate information regarding the equity awards in a separate equity award side letter that is provided by the granting company. 

Continue Reading The Case for Not Mentioning Equity Awards in Offer Letters
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Special thanks to presenters David Hackett, Eva-Maria Ségur-Cabanac, Sali Wissa, Peter Tomczak, Daniel De Deo and William-James Kettlewell.

ESG reporting is evolving quickly. Earlier this year the EU Corporate Sustainability Reporting Directive (CSRD) went into effect, which has broad legal implications for US companies with EU subsidiaries that meet a certain criteria.

In the latest webinar of our Demystifying ESG series, we address what US legal departments need to know about the EU CSRD and provide an overview of the new sustainability reporting requirements.

Click here to view the webinar recording and here to find out if the EU CSRD applies to you.

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This August, the Equal Employment Opportunity Commission published proposed regulations to implement the Pregnant Workers Fairness Act, which became effective June 27.

The new law requires covered employers to “provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” unless the accommodation will cause the employer an undue hardship.

The proposed regulations are open for public comment through October 10, and must be finalized and implemented by December 29. Although the proposed regulations could change after the comment period, their current form offers perspective on how the EEOC believes the PWFA should be interpreted.

Click here to continue reading this article.

Original article published in Law360.

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In “Brazil’s new equal pay law: closing the gap,” partners Clarissa Lehmen and Leticia Ribeiro discuss how Brazil’s new law on equal pay puts pressure on local employers to proactively address gender equality issues within their organizations.

Read on to see how the new law introduces stricter penalties for discrimination, establishes a reporting obligation for companies with 100 or more employees, and will likely result in increased inspections from labor authorities.

Click here to continue reading; the article was originally published in the Latin Lawyer.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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With special thanks to co-presenters Daniel Urdiain, Pamela Mafuz and Ludmilla Maurer.

In our latest Global Immigration and Mobility Video chat, our on-the-ground immigration and mobility attorneys in the US, Mexico, Spain and Germany explore digital nomad visas by providing a brief overview of the requirements, process, tax and social security consequences, what should employers watch out for, and other considerations and options.  

Click here to view the video.

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The global economic environment has resulted in many multinational companies turning to cross-border carve-out transactions as they refocus on their core business competencies and dispose of non-strategic product and service lines. These transactions, particularly those involving separating an integrated business division from the rest of a global company across dozens of jurisdictions, are complex and difficult and require careful planning and execution.

In Series 3 of our Cross-Border Transaction Insights video series, we discuss the critical considerations and issues companies engaged in carve-out transactions need to address before, during and post-closing. Employment & Compensation Partner Liz Ebersole explores the key employment and benefits considerations buyers and sellers should proactively address during the transaction lifecycle.

To watch the latest episode and learn more about the full series, click here.

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The current increase in market volatility and heightened regulatory scrutiny has made for a treacherous landscape for multinational employers, and we’re here to help. Join us on October 18th in our New York office to connect on cutting-edge Employment & Compensation issues with a series of panel discussions, presentations and peer roundtables discussing the most pressing issues for multinational employers—including the evolving landscape of restrictive covenants, the importance of equity in ensuring pay equity, and the fluctuating state of M&A.

Join us after for a networking reception and an exclusive tour of the iconic New York Public Library that is not to be missed!

Review the session lineup and register here.

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The Equal Employment Opportunity Commission recently published proposed regulations to implement the Pregnant Workers Fairness Act (which became effective June 27, 2023). We covered the new law here, explaining how it requires covered employers to provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. 

The proposed regulations are open for public comment through October 10, 2023, and must be finalized and implemented by December 29, 2023. Although the proposed regulations could change after the commenting period, their current form offers perspective on how the EEOC believes the PWFA should be interpreted.

Here are five significant ways the proposed regulations could change how US employers accommodate pregnant workers and those with “related medical conditions”:

Continue Reading 5 Ways the Proposed Pregnant Workers Fairness Act Regs Might Catch US Employers By Surprise