Current Issues of Internal Investigations and Employee Data Privacy

Seminar | November.24.2015

Orrick Düsseldorf, Heinrich-Heine-Allee 12, 40213 Düsseldorf

Orrick will be hosting an interactive discussion on "Current Issues of Internal Investigations and Employee Data Privacy."

Mike Delikat, leader of Orrick’s Global Employment Law practice and also the chair of its Whistleblowing Taskforce, a  noted  expert and practitioner on cross-border internal investigations, will provide a review of the controlling law and the practical considerations from a U.S. perspective.
 
Dr. Christian Schröder, leader of the German IT/IP and data protection practice group will deal with the data protection aspect from an EU perspective.
 
Dr. André Zimmermann, leader of the German employment law practice, will address matters concerning the works council co-determination during internal investigations.
 
Additionally, the private investigator Paul Malberg will join us and talk about his practice and show us a few example cases.
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Practice:

  • Finance Sector
  • Technology & Innovation Sector
  • Employment Law & Litigation
  • Whistleblower & Corporate Investigations
  • Internal Investigations
  • Trade Secrets Litigation
  • Wage and Hour
  • Cyber, Privacy & Data Innovation
  • Complex Litigation & Dispute Resolution
  • Pay Equity

Mike Delikat Partner Employment Law & Litigation, Whistleblower & Corporate Investigations

New York

Michael Delikat, a partner in the New York office, was the previous Chair of Orrick's Global Employment Law Practice for over twenty years, which has employment law teams in the European Union, Asia as well as the United States.

He also is the founder of the firm’s Whistleblower Task Force. He previously served as the Managing Director of Orrick’s Litigation Division.

Under Mike's leadership, Orrick’s Employment Law & Litigation group was recently named Labor & Employment Department of the Year in California for the fourth consecutive year by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters. The practice group has also been chosen as one of the top national employment law practices by Law 360. Chambers USA and Chambers Global has ranked him in Band 1 since it began publishing its rankings, noting he is a "giant of the employment bar, widely regard as an expert in whistleblowing matters and sex harassment claims","sought out by premier clients to handle high-stakes employment litigation and investigations," and "a very persuasive advocate who knows the law inside out and is able to get to the heart of the issue very quickly."

He represents a broad range of major corporations and other institutions including law firms in all facets of labor and employment law. Mike has an active trial, arbitration and appellate practice and handles a number of high-visibility class action and impact cases. 

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Practice:

  • Technology & Innovation Sector
  • Cyber, Privacy & Data Innovation
  • IP Licensing and Technology Transactions
  • Technology Companies Group
  • White Collar
  • Automotive Technology & Mobility

Dr. Christian Schröder Partner Cyber, Privacy & Data Innovation, IP Licensing and Technology Transactions

Düsseldorf

Dr. Christian Schröder leads Orrick's Cyber, Privacy & Data Innovation Group in Europe and collaborates with team members in the United States (U.S.), Europe (EU), and Asia to provide support to global clients. As a technology-focused partner, Christian advises on cybersecurity and privacy regulatory compliance, incident response, regulatory investigations and enforcement, litigation and intellectual property licensing, and transactional matters.

Christian helps clients consider the privacy and artificial intelligence implications of new technology, supports their compliance programs, and helps them stay ahead of enforcement trends. One particular focus of his work deals with internal data transfer agreements, external data transfers with external providers, and product launches that comply with international data protection standards, as well as privacy requirements for connected cars. Christian provides guidance on privacy and data protection considerations for developing, acquiring, using, licensing and selling technology, data and intellectual property, including M&A transactions and IP focused joint ventures. He supports companies on the set-up of webshops, outsourcings, license agreements, in cases of trademark or unfair and deceptive trade practice issues, as well as on hard and software license and information technology (IT) project agreements.

Christian maintains strong working relationships with German data protection authorities and EU regulatory authorities with jurisdiction over privacy and data security matters. He effectively defends companies in cybersecurity and privacy-related investigations initiated by EU regulatory authorities. He also engages with authorities on behalf of clients and helps clients avoid proceedings and possible litigation. When litigation can't be avoided, Christian vigorously defends his clients.

For companies facing global cybersecurity incidents, Christian helps with crisis mitigation, including counseling on notification requirements, coordinating media strategies, and representing clients before data protection authorities in related regulatory investigations.

Christian regularly contributes practical thought leadership to global privacy industry publications and German privacy books and journals. Christian authors the Chapter V (international data transfers) of Germany’s leading GDPR commentary Kühling/Buchner (3rd ed.) and is co-author to the Corporate Privacy Handbook (Betrieblicher Datenschutz). As an active member of the Sedona Conference, Christian drives the development and understanding of cross border privacy. He also participates in, hosts and moderates speaking programs with fellow private practitioners, EU data protection authorities, and academics focused on privacy and data security. Legal 500 Germany noted that Christian is "a pioneer in the legal field, a data protection guru." They also recognized Christian and Orrick as "truly global" and how that it is "vital as they require the various leaders of each region to participate and bring issues to the table as a forum".

Prior to working in private practice, Christian interned with the German Federal Data Protection Commissioner and www.epic.org.

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Practice:

  • Technology Companies Group
  • Employment Law & Litigation
  • Cross Border Employment Law Issues
  • Discrimination, Harassment & Retaliation
  • Pay Equity

Dr. André Zimmermann, LL.M. Partner Technology Companies Group, Employment Law & Litigation

Düsseldorf; Munich

Dr. André Zimmermann, a Certified Specialist for Employment Law (Fachanwalt für Arbeitsrecht) and partner at Orrick's Düsseldorf office, heads Orrick’s employment law practice in Germany. André has been advising on complex employment law issues for more than 15 years, with a focus on the employment law aspects of M&A transactions, restructurings and headcount reductions, and a special sector focus on technology companies.

André advises companies of all stages, pre-IPO startups, scaleups, unicorns and international corporations on a wide range of matters, having handled everything from day-to-day practical advice tailored to his clients’ needs, to complex multi-jurisdictional transactions from strategic planning through post-merger integration. Having long-standing experience in negotiating with works councils and unions in restructuring measures of all kind, a special focus of André's practice is on restructurings and headcount reductions.

He has advised on the employment law aspects in over 300 M&A transactions and financing rounds across various industries. Transactional advice includes employment law advice in complex, international technology transactions, M&A projects as well as private equity and venture capital investments, from due diligence to post-closing integration.

André has thorough knowledge of and a genuine passion for the tech industry. Over the last years, André has become the go-to-advisor of several Bay Area tech-companies, leaders in their market and high-growth tech companies. Most recently, he has advised leading global technology companies such as GoPro, Pinterest, GitHub, Nvidia, Sabre, Snap and Splunk on various employment matters.

André has received several awards for his work, inter alia:

  • Germany's leading lawyer ranking JUVE recognizes André as "frequently recommended" employment law expert since 2017;
  • Best Lawyers and Handelsblatt listed André as one of Germany's best lawyers in employment law in 2020 and 2021;
  • Germany's leading business weekly WirtschaftsWoche ranked André as one of the top employment lawyers in Germany in 2019.

Clients recommend André to JUVE as “straight shooter" and "always refreshingly honest". Our clients praise his "creative and efficient style of working" and "a very practical and efficient style of providing advice", referring to him as "extremely responsive and always accessible" and as "an excellent advocate in court hearings". Clients appreciate André's "clear, sound and pragmatic real-world advice" and his "in-depth knowledge of the tech employment world".