Cross-Border Employment and Forum Selection Clauses

, New York Law Journal

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In his Employment Law Issues column, Philip M. Berkowitz, a partner at Littler Mendelson, writes: Multinational employers often negotiate, with their key employees, employment agreements and restrictive covenants that prohibit unfair competition across borders. To prevent inconsistent judgments and give the parties a firmer expectation regarding their rights, many employers negotiate choice-of-law and choice-of-forum provisions that select one jurisdiction's laws or forum over another.

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