Tag Archives: Laurent Badoux

legal

Greenberg Traurig Expands Phoenix Labor Practice

The Phoenix office of the international law firm, Greenberg Traurig, has expanded its Labor and Employment Practice, adding two seasoned shareholders to serve client demand. Three accomplished employment attorneys, all listed in the 2014 edition of Best Lawyers in America, and two experienced associates, now comprise the firm’s growing Phoenix practice group.

The group will host its 13th Annual Labor and Employment Seminar on Wednesday, October 2nd at the Scottsdale Plaza Resort from 8 a.m. to 6 p.m. Presentations will focus on emerging trends in labor and employment law and suggestions and strategies for enhanced compliance with applicable laws, in areas such as social media, the Affordable Care Act, immigration, wage and hour and workplace investigations.

Greenberg Traurig’s Phoenix Labor and Employment Practice includes shareholders Laurent Badoux and James Nelson, counsel Mona Stone, and associates Dana Hooper and Lindsay Schafer. The group has a wide mix of experience in labor and employment litigation and advice. Specifically:

* Laurent Badoux focuses his practice exclusively on labor and employment law, with an emphasis on compensation, employee relations and transnational employment issues. His broad range of experience includes collective and class actions litigation, collective bargaining agreement negotiations and arbitration, restrictive covenants and the defense of administrative charges involving various state and federal agencies across the U.S. Badoux is a frequent lecturer, both nationally and internationally, a former UNLV adjunct faculty member and has extensive experience in employee training.

* James Nelson represents employers and plan fiduciaries in matters concerning ERISA compliance, fiduciary responsibility, collective bargaining, wage and hour, employee benefits, safety, discrimination, wrongful termination among others. Nelson’s litigation experience includes complex litigation, class action defense, administrative proceedings and appeals.

* Mona Stone advises both entrepreneurs and Fortune 50 companies on employment policies and agreements, compliance with local, state and federal laws including the FCPA and employee issues. She is a published author on employment law including employer guides on EEOC investigations, employment handbooks and policies and non-compete agreements. Having successfully defended numerous employee complaints at administrative hearings, arbitrations, mediations and trials throughout the U.S., Stone is called upon to be a frequent speaker at seminars and client training sessions.

* Dana Hooper focuses her practice in the areas of commercial litigation, employment law and sports law. Her litigation experience includes alternative dispute resolution and collective and class action defense. Hooper is certified as an athlete’s agent and provides legal representation to sports-oriented individuals and businesses.

* Lindsay Schafer works with clients on business litigation and complex commercial disputes. She maintains a particular practice emphasis on employment litigation. Schafer is experienced defending administrative complaints and lawsuits involving claims of employment discrimination, breach of employment contract and wrongful discharge in federal and state court.

Cost to attend the Labor and Employment Seminar is $75 per person or $50 each for groups of three or more. Admission includes lunch and refreshment. For more information and to register, please visit: http://www4.gtlaw.com/marketing/LE/21955/index.html. Registration deadline is Sept. 25.

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29 Greenberg Traurig Attorneys Named to Best Lawyers

The international law firm, Greenberg Traurig, announced that 29 attorneys from its Phoenix office are named in the 2014 Best Lawyers in America list released this week. In addition, three Phoenix attorneys are recognized as “Lawyer of the Year.” According to Best Lawyers®, only one attorney from each practice and metropolitan area is chosen. The Greenberg attorneys named “Lawyer of the Year” are:

* Brian H. Blaney, Securities Regulation
* William R. DeHaan, Public Finance Law
* Bruce E. Macdonough, Securities/Capital Markets Law

For the seventh consecutive year, the international law firm Greenberg Traurig, LLP is ranked No. 1 for having more attorneys listed in Best Lawyers in America than any other law firm in the U.S. The 2014 edition of Best Lawyers in America lists 348 Greenberg Traurig attorneys across the firm’s U.S. offices.
More than 60 percent of the attorneys in Greenberg Traurig’s Phoenix office are included in the 2014 ranking.

The attorneys named to the Best Lawyers list and their first year listed are:

* Laurent Badoux (2014) Labor Law – Management
* Brian H. Blaney (2010) Corporate Governance Law, Corporate Law, Mergers & Acquisitions Law, Securities/Capital Markets Law, Securities Regulation, Venture Capital Law
* Mary E. Bruno (2013) Employment Law – Management
* Rebecca Lynne Burnham (1999) Land Use and Zoning Law, Real Estate Law
* Michael Cafiso (2007) Public Finance Law
* David D. Cleary (2012) Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Bankruptcy
* John E. Cummerford (2003) Copyright Law, Patent Law, Trademark Law
* Michelle A. De Blasi (2013) Energy Law, Environmental Law
* William R. DeHaan (2007) Public Finance Law
* Gerald L. Fellows (2005) Litigation – Patent, Patent Law
* Karl A. Freeburg (2013) Banking and Finance Law, Commercial Finance Law
* Harry J. Friedman (1999) Tax Law
* Stacey F. Gottlieb (2010) Criminal Defense: White-Collar
* Brigitte Finley Green (2007) Public Finance Law
* Jean E. Harris (2010) Securities/Capital Markets Law, Securities Regulation
* Robert S. Kant (2003) Corporate Law
* Leslie A. Klein (2006) Employee Benefits (ERISA) Law (Chicago and Phoenix)
* Bruce E. Macdonough (2009) Mergers and Acquisitions Law, Securities/Capital Markets Law
* Kevin J. Morris (2012) Banking and Finance Law, Real Estate Law
* James Nelson (2012) Employment Law – Management (Sacramento and Phoenix)
* Pamela M. Overton (2009) Commercial Litigation, Product Liability Litigation – Defendants
* David M. Paltzik (2008) Real Estate Law
* Gil Rudolph (2003) Banking and Finance Law, Financial Services Regulation Law
* Brian J. Schulman (2012) Litigation – Securities, Securities Regulation
* Paul F. Sefcovic (2013) Public Finance Law
* Lesa J. Storey (2003) Real Estate Law
* Jeffrey H. Verbin (1995) Banking and Finance Law, Equipment Finance Law, Financial Services Regulation Law
* E. Jeffrey Walsh (2005) Commercial Litigation, Construction Law, Litigation – Construction, Litigation – Real Estate
* Quinn P. Williams (1995) Corporate Law, Franchise Law, Venture Capital Law

According to the Best Lawyers website, the “Top Listed” designation is given to the firm that has the most listed lawyers in a particular location and practice area. The award is based exclusively on number of listed attorneys.

Greenberg Traurig’s Phoenix office is top-listed based on number of attorneys in the following states:

· Phoenix: Commercial Finance Law, Equipment Finance Law, Financial Services Regulation Law, Public Finance Law, Securities/Capital Markets Law, Securities Regulation, Venture Capital Law

Best Lawyers in America, compile the lists of attorneys by in-depth peer-review surveys where millions of lawyers can confidentially evaluate their peers. The 2014 Best Lawyers of America edition was accumulated with more than 4.3 million confidential evaluations provided from attorneys across the country. The publication’s lists are currently printed in 70 countries and have international exposure.

iPhone Business Apps

‘Bring Your Own Device’ trend a growing concern

The rise in popularity of smart phones, tablets and laptops has blurred the increasingly thin line between professional and personal life, between work time and personal time. But it’s is also creating security concerns for business owners who let their employees use those tech toys for work.

“Employers need to address the question of how to react to the inevitable or current use of personal or shared devices by their employees,” said Cheri Vandergrift, a staff attorney for Mountain States Employers Council, a leader in human resource and employment law services for the business community. “From IT issues to privacy and litigation concerns, companies that ignore the rising ‘Bring Your Own Device’ tide may find that BYOD brought nothing but disaster.”

While an AccelOps Cloud Security Survey of IT security personnel ranked BYOD as the top source for fear of incurring data loss, there are also concerns regarding employee privacy should litigation ensue and the question of using personal devices goes into the courtroom. The use of personal devices in the workplace stirs questions within the IT, legal and human resources departments of companies.

“Data access and ownership are significant legal issues that surround the BYOD trend,” said John Balitis, director at Fennemore Craig. “Employees accessing employer systems with personal devices can create major network security risks and employer IT staff accessing the devices to support them can infringe on employee privacy. Further, how to define who owns what information on the devices is challenging.”

Laurent Badoux, a shareholder in Greenberg Traurig’s Phoenix office, said there are a number of legal issues that could arise from the BYOD trend. Among them:

* Breach of confidentiality — especially with medical or financial data.
* Commercial espionage or unfair competition.
* Fair Labor Standards Act (FLSA) claims of unreported or unpaid time.
* Dispute as to ownership of data stored on personal devices.
* Claims of harassment, defamation, invasion of privacy, etc. from improper social media posting of workplace conduct.
* Negligence torts if an exployee tries to answer a work text or email while driving and causes an accident.

“The most glaring risk (an employer takes) is that sensitive confidential corporate data becomes compromised, either because an outsider is able to access that data through an employee’s device or to copy data stored on that device,” Badoux said. “When their sensitive data becomes compromised, companies face damage to the bottom lines and public image.”

According to Travis Williams, senior counsel at the Frutkin Law Firm, if a company believes information is jeopardized, or upon termination of an employee’s employment, the employer may have the right to seize the device for a short time to ensure proper protection or removal of company’s sensitive information.

“Employees need to understand that business information on their device is the property of the employer,” Williams said. “The employer has the right to protect the information. The protection may allow the employer to seize or force ‘wipe’ the device to ensure proper removal of the information.”

While there is no doubt that the BYOD trend has given tech-savvy employees the opportunity to create a more flexible schedule and therefore increase their productivity, experts said it’s imperative that companies find a balance between protecting sensitive work data, while still providing employees flexibility and independence.

“Have a policy that specifically addresses what employees can and cannot do with PEDs (personal electronic devices) used for work-related purposes and enforce that policy,” said Tibor Nagy, Jr., a shareholder at the Tucson office of Ogletree, Deakins, Nash, Smoak & Stewart. “Be sure the policy addresses what happens to employer data when the employee leaves employment.”

Experts said companies who worry about issues related to the BYOD trend should look to impose tighter security constraints, develop technology guidelines and policies or employ mobile-device management tools, services and systems.

“An employer absolutely should implement a BYOD policy if the employer allows or encourages employees to use personal devices for work,” Balitis said.

Badoux said an effective BYOD program should include:

1. Mandatory Mobile Device Management software
2. Clarification of expectations on ownership of data, privacy and access to dual-use devices.
3. “Acceptable Use” procedures harmonized with the employee handbook or agreement).
4. A well-crafted social media policy.

“Do not allow highly sensitive employer, personnel, health information, or customer data to be stored on an employee’s PED, unless you are certain that device will be used and protected to the same degree as an employer-owned device,” Nagy said. “Only allow PEDs that are ‘enterprise; enabled. Enterprise requirements include encryption of storage media; the ability to remotely wipe or clean a device; the ability to enforce password changes and password complexity; the ability to apply upgrades and patches; and the ability to revoke rights to data or corporate network access.”