Category Archives: Business

Cross-Border Catch-Up: The Trend Away From Lifetime Employment in Japan



In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (Cleveland) and Eric Lee (New York), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss the trend away from the traditional concept of lifetime employment in Japan. Eric explains the traditional model that has been highly protective of employee rights with respect to termination, including requiring progressive discipline. The speakers also delve into some of the reasons Japan is moving away from lifetime employment, such as the declining population, the need to retain foreign talent, and employee and union demands for greater compensation.


Workplace Strategies Watercooler 2024: The Legal Department’s Role and Responsibilities in a Crisis



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Phillip Russell (shareholder, Tampa) and Stephen Quezada (shareholder, Houston) discuss the critical role in-house counsel play in responding to and managing potential crisis situations employers are often forced to face. Stephen and Phillip explain the ways in which legal department lawyers need to manage their roles and responsibilities with varying stakeholders—both internal and external. Our speakers cover effective preparedness and responses and the potential landmines employers will want to avoid in situations ranging from high-profile claims of workplace misconduct, government enforcement actions, social justice issues, labor organizing, or workplace fatalities.


Workplace Strategies Watercooler 2024: Effective Collaboration Between HR and Other Business Leaders



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Caren Marlowe (shareholder, Tampa) and Jim McGrew (chief client services officer, New Orleans) are joined by Sonya Granillo-Cathey (senior director and privacy officer, Arizona Tile) and Yvonne Taylor (chief human resources officer, Goodwill Industries-Suncoast, Inc.) to discuss how HR can collaborate with other leaders in an organization—from C-suite and in-house legal to HR and operations. The speakers discuss how they bring different perspectives to the table, while keeping in mind the common goal of managing a thriving and successful business. In addition, the speakers explain how to manage expectations and harmonize different leadership viewpoints to reach shared objectives, and how to deal with conflict and ensure a solid seat for HR at the table.


Cross-Border Catch-Up: Employment Law Considerations in Global Acquisitions



In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro and Patty Shapiro discuss the employment law considerations that come into play during a global acquisition. Diana, chair of the firm’s Cross-Border Practice Group, and Patty review the important initial steps, including determining the makeup of the workforce, employee classification, employee locations, and terms of employment. The speakers also address overtime regulations (which may be more expansive than those in the United States), collective bargaining agreements, and collective and individual redundancies.




In this installment of Ogletree Deakins’ Safety Perspectives From the Dallas Region series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss OSHA’s national safety stand-down to prevent workplace falls. Frank and John specifically talk about assessing potential hazards, fall protection prevention, training and policies, and citations, as well as OSHA’s national and regional emphasis programs on fall prevention and protection in general industry operations and on construction job sites.


Workplace Strategies Watercooler 2024: The Tea on Secret Recordings at Work



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Karen Morinelli (shareholder, Tampa), Burt Garland (shareholder, St. Louis), and Mike Matula (shareholder, Kansas City) discuss the increasingly common scenario of employees and managers making secret recordings in the workplace. Our speakers review when surreptitious recordings are lawful and when they might run afoul of the Federal Wiretap Act, federal labor laws, or state laws. They also discuss employers’ rights and risks when implementing and enforcing “no-recording” policies in addition to strategies for dealing with secret recordings when they are first disclosed in litigation.


Workplace Strategies Watercooler 2024: Handbook Considerations for Multistate Employers



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, our panel discusses the latest requirements for multistate employers’ handbooks and how employers can keep up with the patchwork of federal, state, and local laws. Dee Anna Hays (shareholder, Tampa), who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, joined by Todd Duffield (shareholder, Atlanta), and Heather Ptasznik (shareholder, Detroit (Metro)), cover trends regarding parental leave policies, the EEOC’s new guidance on harassment, and unlawful policies under the National Labor Relations Act. Todd and Dee Anna close out with a discussion of the tests the National Labor Relations Board uses to evaluate employer policies.


Workplace Strategies Watercooler 2024: DEI Under Scrutiny—How the Affirmative Action Rulings Impact DEI Programs



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss what the Supreme Court’s ruling that race-based college admissions are unconstitutional means for diversity, equity, and inclusion (DEI) efforts in the workplace. Scott and Nonnie discuss the legal framework for employers to consider when evaluating their voluntary DEI programming, including how to conduct a risk assessment of DEI programs, conflicting state laws, and questions specific to federal contractors. The speakers offer practical tips for designing and sustaining legally defensible DEI initiatives, including creative strategies to meet company goals without running afoul of the law.


Workplace Strategies Watercooler 2024: The EEOC’s Guidance on Harassment in the Workplace



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Tiffany Cox Stacy (office managing shareholder, San Antonio) discuss the EEOC’s final guidance on harassment in the workplace. Tiffany and Nonnie cover the ways in which the new guidance, which the agency issued on April 29, 2024, updates, consolidates, and replaces the agency’s previous guidance. They also explain the guidance’s 70+ examples illustrating unlawful workplace harassment situations, covering both circumstances emerging in the office and in the ever-growing virtual workplace. Finally, Nonnie and Tiffany discuss what the EEOC’s new guidance means for employers as they seek to keep their harassment policies and processes effective and compliant.


Safety Basics II: The OSHA Rulemaking Process



In this installment of Ogletree Deakins’ Safety Basics series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the details of the Occupational Safety and Health Administration’s (OSHA) rulemaking process. Frank and John cover OSHA’s regulatory agenda and timeline for standards and regulations under development or review, the distinction between regulations and standards, petition requests, rejections, and appeals, notices of proposed rulemaking, oral hearings, including comments and objections, and more.