White & Case
 
Donald C. Dowling, Jr.
Partner
New York

T: + 1 212 819 8665
F: + 1 212 354 8113
E:
Practice Experience
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 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, ABA/IBA Who's Who and others as a top New York-based Employment lawyer. Mr. Dowling is the only employment lawyer in the US named in Ethisphere's 2010 "Attorneys Who Matter."

Mr. Dowling has published dozens of scholarly articles and book chapters on various aspects of international employment law, including 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 on 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 Board 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, whistleblower hotlines and HR policies
  • International reductions-in-force and restructurings
  • HR issues in international mergers/acquisitions/divestitures (due diligence, "acquired rights," post-merger HR integration) 
  • Overseas independent contractor and "leased employee" structures 
  • Expatriate and "secondment" arrangements and terminations 
  • "Offshoring," overseas "sweatshop" work conditions and international trade union/works council matters
  • Data privacy laws affecting global Human Resources Information Systems [HRIS] and other cross-border HR data transmissions 
  • Cross-border compensation, benefits, equity and incentive plans 

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 handled for multinational employers include: 
  • Drafting global codes of conduct and HR policies on topics from discrimination to electronic communications to video surveillance to social media
  • Structuring global Sarbanes-Oxley whistleblower hotlines and Foreign Corrupt Practices Act reporting procedures
  • Preparing global sales commission plans, regional executive retention bonus plans and cross-border equity/restricted stock plans 
  • Restructuring international workforces through 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 flu pandemic)
  • Launching aligned local-country procedures for specific global HR initiatives such as global pre-employment testing, overseas applicant background screening, workplace email, internet, telephone and video surveillance, and wage/hour compliance 
  • Ensuring expatriate "secondment" contracts and expatriate severance releases comply with relevant laws 

Mr. Dowling once served in Paris as in-house International Employment Counsel for a Fortune 500 company and he has served as International Employment Law Consultant for Hewitt Associates.

Bars and Courts
Ohio State Bar, 1985
Illinois State Bar, 2000
New York State Bar, 2006
US Court of Appeals for the Sixth Circuit
US District Court for the Southern District of Ohio

Education
JD, University of Florida, Order of the Coif, 1985
AB, University of Chicago, 1982

Professional Associations and Memberships
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

Awards and Recognition
Recognized in New York Super Lawyers– Metro Edition 2012
Labor & Employment: New York Chambers USA
US Labor & Employment (Workplace and Employment Counseling) Legal 500
"Leading" international labor/employment lawyer in PLC Which Lawyer? (listed as one of the two international labor/employment lawyers in the US top category)
"Attorneys Who Matter" Ethisphere 2010 (listed as the only US employment lawyer in this category)
Recognized in The International Who's Who of Management Labour and Employment Lawyers

Publications and Speaking Engagements
Author of many treatise chapters on aspects of international employment law, including chapters published in: Corporate Compliance Practice Guide (LEXIS/Matthew Bender); International Labor & Employment Law (Aspatore); International Lawyer's Deskbook (ABA); The Law of Transnational Legal Transactions (Clark Boardman); PLC Labour & Employee Benefits; PLI 34th Institute on Employment Law; and two PLI chapters on "International Privacy Law"
Author of many law review articles on international employment law, including articles published in: Cornell International Law Journal; Northwestern Journal of International Law & Business; The International Lawyer (ABA); The Labor Lawyer (ABA); DePaul Business Law Journal; Privacy & Data Security Law Journal
Author of many magazine and newspaper articles on international employment law, including articles published in: Business Mexico; HR Adviser; National Law Journal; New York Law Journal GC New Yorker
Author of regular columns in International HR Journal (Thomson/West), New York State Bar Association’s Labor & Employment Law Journal, and an annual chapter in Employment Law Update (Wolters Kluwer)
Member of the Advisory Board of EuroWatch newsletter (Thomson Reuters) and of the Advisory Board of International HR Journal (Thomson Reuters/West)
Personally profiled in The New York Times Business Section, Feb. 24, 2004, and twice in CCH Labor Law Insight, June 2006 and April 1994
Chaired multiday seminars on international employment law in Austria, England and New York, and delivered presentations on international employment law in cities across the US and in countries including Austria, Belgium, Canada, England, France, Hong Kong, Italy, Mexico (presentations in Spanish), Malawi, the Netherlands and Spain
Adjunct Professor of Law teaching "International Employment Law" and "European Union Law" at three law schools, including at a law program in Italy
Co-editor of International Employment Law: The Multinational Employer and the Global Workforce treatise, Transnational Pub., 2000

Languages
English
Spanish

Citizenship
United States