Expert Analysis

• Extra-Territorial Application Of The Automatic Stay

  

  A recent decision in the Nortel Networks Chapter 11 proceedings demonstrates the difficulty of an expansive approach to U.S. bankruptcy court jurisdiction and calls into question the ability of claimholders to participate in statutorily mandated foreign proceedings without risking loss of their claims and potential sanctions in the U.S. bankruptcy court, say Steven R. Gross, Katherine Ashton and Shannon Rebholz of Debevoise & Plimpton LLP.

• Effective Management Of UK Employee Exits

  

  This article aims to explain in general terms the protections that apply to employees in the United Kingdom and the choices available to an employer in relation to possible employee terminations — along with the relative risk and costs when deciding how to terminate, says Bettina Bender of CM Murray LLP.

• Trends For Encouraging Employee Whistleblowing

  

  There appears to be little doubt that there is an emerging international consensus that whistleblowing is a legitimate tool for dealing with economic fraud and should be encouraged as one way of stemming such wrongdoing, say Eric A. Savage and Anita S. Vadgama of Littler Mendelson PC.

• U.S. Incentives, EU Employees And Conflicts Of Law

  

  U.S. employers frequently offer senior employees who are based overseas the opportunity to participate in incentive and bonus arrangements that contain provisions protecting the employer’s interests. Any doubt concerning the enforceability of such provisions in the EU now appears to have been resolved in the employees’ favor, say Christopher K. Walter and Mark M. Poerio of Paul Hastings Janofsky & Walker LLP.