White & Case LLP
Donald C. Dowling, Jr. concentrates his practice on outbound international employment law; that is, cross-border human resources law issues for multinational employers.
Mr. Dowling’s practice is one of two in the US that are ranked in the top tier (“Leading”) in the only competitive ranking category of international labor/employment lawyers, London-based PLC Which Lawyer? , and Mr. Dowling is ranked by Chambers USA as one of the top 36 Labor & Employment lawyers in New York. He is also ranked by Legal 500, ABA Who’s Who, IBA Who’s Who and others as a top New York-based Employment lawyer. Mr. Dowling is the only employment lawyer in the US who is named in Ethisphere’s 2010 “Attorneys Who Matter”.
Mr. Dowling has published dozens of scholarly articles and book chapters on various topics of international employment law, including those in the international law journals of Cornell and Northwestern law schools. He has spoken around the world in English and Spanish on international law topics, including presenting a paper at Rhodes House, Oxford. He serves the editorial boards of publications including: PLC Labor & Employment; ABA/Bloomberg BNA International Labor & Employment Laws (treatise); Thomson/West International HR Journal, and EuroWatch. He is a member of the New York University Center for Labor & Employment Law. As an adjunct professor, he teaches law school classes in International Employment Law and European Union Law.
Multinationals globalizing their business operations increasingly need to align certain aspects of employment law compliance across borders. Mr. Dowling has over 20 years of experience managing multiple-jurisdiction employment law compliance initiatives, such as:
- Global handbooks, codes of conduct, hotlines and HR policies
- Cross-border compensation, benefits, equity and incentive plans
- International reductions-in-force and restructurings
- HR issues in international mergers/acquisitions/divestitures (due diligence, “acquired rights,” post-merger HR integration)
- Expatriate and “secondment” arrangements and terminations, and overseas independent contractor and “leased employee” structures
- “Offshoring,” overseas “sweatshop” work conditions and international trade union/work council matters
- Data privacy laws affecting global Human Resources Information Systems [HRIS] and other cross-border HR data transmissions
Working daily with White & Case’s global team of employment lawyers, as well as with employment lawyers in emerging markets worldwide, Mr. Dowling advises multinational headquarters on cross-border solutions to specific international employment law compliance challenges. Recent client matters he handled for multinational employers include:
- Drafting global codes of conduct and HR policies on topics from discrimination to electronic communications to video surveillance
- Structuring global Sarbanes-Oxley whistleblower hotlines and Foreign Corrupt Practices Act reporting procedures
- Preparing global sales commission plans, global executive retention bonus plans and global equity/restricted stock plans
- Restructuring international workforces, including international reductions-in-force, independent-contractor-to-employee conversions, and M&A-context executive transfers
- Harmonizing executive employment and independent contractor agreements across borders
- Coordinating local data privacy agency filings for global HRIS
- Issuing globally aligned crisis preparations (such as for terrorism and swine flu pandemic)
- Launching aligned local-country procedures for specific global HR initiatives, such as global pre-employment tests, background checks, workplace video surveillance, and wage/hour compliance
- Ensuring expatriate “secondment” contracts and expatriate severance releases comply with relevant laws
Mr. Dowling has served in Paris as in-house International Employment Counsel for a Fortune 500 company and he has served as International Employment Law Consultant in the Chicago area at Hewitt Associates .
- Founder and Chair, XBHR (multidisciplinary international HR organization)
- Officer, International Bar Association – Discrimination Law Committee
- Co-Chair, New York State Bar Association International Employment and Immigration Law Committee
- Past Chair, American Bar Association International Employment Law Committee
- Past Council Member and Officer, ABA Section of International Law
- Past Chair, International Law Committees of Chicago and Cincinnati Bar Associations