Brian Arbetter

Partner
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3360
Los Angeles
United States
T:+1 213 892 9200
New York
United States
T:+1 212 318 3360
Los Angeles
United States
T:+1 213 892 9200
Brian Arbetter

Brian Arbetter

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Biography

Brian Arbetter is a member of Norton Rose Fulbright's Global Employment and Labor Steering Committee. He has more than 25 years of practice experience advising and developing strategy for multinational companies regarding their international and domestic labor and employment issues in the United States and abroad.

Brian's experience includes, among other things, employment discrimination and harassment, leaves of absence and disabilities, unions and works councils, wage and hour, restructurings and reductions in force, hiring, employment agreements and policies, codes of conduct, whistleblowing, affirmative action, health and safety, and employment law aspects of mergers and acquisitions.

Brian represents employers and management exclusively. He frequently writes, speaks, and is quoted on labor and employment law issues.

While focusing largely on advising and defending employers on a myriad of employment issues and claims, Brian also assists in developing policies and practices to help minimize employment liability risks — and avoid claims that give rise to litigation. He has deep experience in regulatory matters — including government audits, investigations and private party actions — in all areas of wage and hour law, occupational health and safety, and affirmative action/government contracting. He is highly experienced in obtaining emergency injunctive relief to stop and prevent union picketing activity, he also helps implement policies and techniques to avoid and minimize unionization, including emerging threats via the internet.

Brian is admitted to practice in New York, California, Illinois and in the Eastern District of Michigan. He has been admitted pro hac vice in cases before courts in Connecticut, Florida, New Jersey, Missouri, Pennsylvania and Washington.


Professional experience

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JD, University of Chicago Law School, 1991
BS, Washington University, 1988

  • California State Bar
  • Illinois State Bar
  • New York State Bar
  • Defended a foreign governmental entity in a five day trial in Los Angeles against a complaint alleging national origin, gender and age discrimination, as well as retaliation, by its US subsidiary arising from its termination of its assistant executive director of over twenty years. Obtained a complete defense verdict.
  • Represented a US based technology industry multinational employer in the global employment and labor aspects of its disposition of a business product in over fifty country jurisdictions, including negotiation and execution of M&A agreements and implementation steps.
  • Represented more than fifty employers across various industries against labor union organizing drives, with a perfect win record of the union never having won.
  • Assisted a US based pharmaceutical industry multinational employer in a 5% global reduction in force, including strategy development, document preparations, negotiations in numerous countries, and implementation globally. No lawsuits or employee claims resulted.
  • Assisted a US based entertainment industry multinational employer develop and implement new employee profit sharing and workplace privacy policies across more than thirty country jurisdictions. No employee claims or challenges resulted.
  • Recommended Lawyer, Labor & Employment, Legal 500 US, 2013 - 2014, 2017
  • Labor & Employment Star - Northeast, West, Labor and Employment, Benchmark Litigation, 2018
  • Co-author, "Employer tips for lawfully ending the employment relationship," New York Law Journal, August, 12, 2019
  • Author, "What Employers Can Learn From Waymo V. Uber (subscription required), Law360, Feb. 21, 2018
  • Author, "Employer Tips for Minimizing Risks of Independent Contractors," New York Law Journal, Outside Counsel, Mar. 3, 2017
  • Author, "Keys to an effective global employment strategy," New York Law Journal, Nov. 7, 2016
  • Illinois Insights: Liability of Hirers for Torts Committed by Independent Contractors
  • Thomson Reuters - Practical Law, May 27, 2014
  • California Insights: Liability of Hirers for Torts Committed by Independent Contractors
  • Thomson Reuters - Practical Law, May 27, 2014
  • Co-author of chapter, "Compensation and Contractual Challenges for Clients with Employees in Other Countries," Inside The Minds: Recent Changes in Employee Benefits and Executive Compensation, Aspatore, 2010
  • Co-author of chapter, "Emerging Trends in Wage and Hour Cases and Defense," Inside The Minds: Understanding Fair Labor Standards Act Violations, Aspatore, 2010
  • Co-author of article, "Employers Should Be Wary of Differences Between Canada, U.S. Legal Systems," Canadian HR Reporter, January 2010
  • Speaker, "New Paid Leave Laws and Their Interaction with Existing Federal & State Employment Statutes," Lawline, September 28, 2018
  • Speaker, "How the New Tax Law and 2018 HR Regulations will impact you and your business," Los Angeles Area Small Business Council, March 2018
  • Speaker, "Up In The Air: What You Absolutely Need To Know Before Sending U.S. Employees To Work Abroad," International Employment Law Conference, September 2014
  • Speaker, "Managing HR Issues During Global Economic Contraction," HRMAC Seminar, September 2009
  • Speaker, "Alternatives to Reductions in Force," National Lorman Conference, January 2009
  • Co-Vice Chair of the Council of Sections - The State Bar of California
  • Chair, International Law Section of the California State Bar
  • American Bar Association - Labor and Employment Section, Fair Labor Standards Act Committee
  • American Bar Association - Corporate Counsel Committee, former Co-Chair, YLD Labor and Employment Law Planning Board
  • California State Bar Association - International Law and Labor and Employment Sections
  • Orange County Bar Association - International Law and Labor and Employment Sections
  • Los Angeles Bar Association - International Law and Labor and Employment Sections
  • NightBlue Theater Group - Vice President and Member of Board of Directors
  • Roycemore School - Member of Board of Trustees and Chair of Advancement Committee
  • Member, Board of Directors, NightBlue Performing Arts Group (immediate Past-President)
  • Member, Board of Directors, New York Shakespeare Exchange
  • Pro Bono, Center for Enriched Living
  • Pro Bono, Roycemore School
  • Pro Bono, Well Amy LLC
  • Annual Supporter, Lyric Opera of Chicago and Goodman Theater