Tram-Anh T. Frank

Of Counsel

Tram-Anh Frank is of counsel in Morgan Lewis's Labor and Employment Practice. Ms. Frank's practice focuses on advising U.S. companies with employees in foreign countries on a wide variety of labor and employment matters.

International Employment Experience:

• Advise U.S. companies with subsidiaries and employees in more than 30 countries in the Americas, Europe, and the Pacific Rim on international labor and employment law matters, including in Canada, Mexico, Brazil, Argentina, Chile, Costa Rica, the Dominican Republic, United Kingdom, France, Germany, Netherlands, Finland, Norway, Sweden, Italy, Spain, Belgium, Ireland, Switzerland, Israel, China, Japan, Korea, Hong Kong, Singapore, Taiwan, the Philippines, Thailand, India, Australia, and the United Arab Emirates.
• Counsel in-house attorneys and Human Resources professionals on foreign country employment issues such as hiring, individual terminations and reductions in force, independent contractor status, non-competition and other restrictive covenants, data protection and privacy, and international assignments.
• Assist multi-national companies in cross-border M&A transactions by conducting due diligence on foreign subsidiaries and providing advice regarding local business transfer laws and employee transition issues.
• Prepare employment documents for use in dozens of countries, including employment agreements, consulting agreements, international assignment/expatriate agreements, employee handbooks and policies, termination letters, and separation agreements.
• Coordinate multi-jurisdictional analysis of employment issues, including data privacy compliance, background checks, fingerprinting, drug and alcohol testing, compensation practices, individual terminations, and global reductions in force.
• Draft memoranda analyzing various international employment issues such as impact of European Union equal protection regulations on the workforce and economic consequence of making employees redundant in certain parts of the world.

Domestic Counseling Experience:

• Counsel companies regarding various aspects of U.S. employment law, including employee disciplinary issues, litigation avoidance, leaves of absence, reductions in force, wage and hour matters, and employment terminations.
• Advise employers on compliance with the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and other employment-related statutes.
• Defend employers against discrimination, sexual harassment, and wage and hour complaints before state and federal agencies.

Ms. Frank is a contributing author to Getting the Deal Through — Labour and Employment, an annual series of deskbooks that provide international analysis in key areas of employment law and policy for corporate counsel, cross-border legal practitioners, and global team leaders. Ms. Frank has authored feature chapters in Getting the Deal Through — Labour and Employment 2006–2010.

Ms. Frank is admitted to practice in California.