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Back to School: NLRB Takes Aim at Colleges and Universities

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar...more

Prohibition on Pharmacy Inducements Beyond College of Pharmacists’ Authority

In Sobeys West Inc v. Alberta College of Pharmacists, 2016 ABQB 232, the Alberta Court of Queen’s Bench held that amendments to the College of Pharmacists’ Codes of Ethics and Standards of Practice prohibiting inducements to...more

CFPB Suffers First Official CID Challenge

On April 21, 2016, Judge Richard J. Leon of the United States District Court for the District of Columbia ruled on the first judicial challenge to the Consumer Financial Protection Bureau’s (“CFPB,” or “Bureau”) authority to...more

Federal Court: CFPB Overstepped Jurisdiction in Issuing CID to For-Profit Colleges Accreditor

Judge Richard J. Leon of the U.S. District Court for the District of Columbia on April 21, 2016, ruled that the Consumer Financial Protection Bureau (CFPB) did not have authority to issue a Civil Investigation Demand (CID) to...more

Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of...

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to...more

CFPB Cannot Force For-Profit College Group to Comply With Investigative Demand

On April 21, the United States District Court for the District of Columbia ruled that due to a lack of authority under existing consumer protection laws, the Consumer Financial Protection Bureau (“CFPB”) cannot require a...more

CFPB lacked authority to issue CID issued to college accrediting organization, D.C. federal district court rules

The D.C. federal district court has ruled that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015....more

MMBA Factfinding Applies to All Negotiations Resulting in Impasse

Not Just Negotiations for a Comprehensive MOU - The factfinding procedures required by the Meyers Milias Brown Act apply to all negotiations which reach impasse, not just those arising from negotiations for a...more

How Not to Regulate the Profession: Findings of Discrimination at B.C. Veterinary Body Offers Cautionary Tale

Brar v B.C. Veterinary Medical Association, 2015 BCHRT 151 (CanLII) (B.C. Human Rights Tribunal) The case of Brar out of British Columbia is remarkable, not only for its epic length (a titanic 1,601 paragraphs over...more

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

Court Finds School District May Have Violated Disabled Student’s Civil Rights

In T.B., et al. v. San Diego Unified School District (No. 12-56060, Amended 11/19/15), the United States Court of Appeals for the Ninth Circuit held that a reasonable jury could find the San Diego Unified School District...more

Standard of Review in Discipline Matter

Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee. A paramedic was disciplined by a Discipline Committee of...more

Land Use Matters: Alston & Bird LLP, September 2015

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

Cozen O’Connor Lawyers Win Appeal Defeating Northwestern Football Players' Attempt to Form Union

The National Labor Relations Board announced on August 17, 2015 that it would not assert jurisdiction over Northwestern University’s scholarship football student-athletes in their bid to be recognized as “employees” and form...more

California Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees

In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the...more

Federal Court Ruling Puts STEM OPT Extension in Jeopardy

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

District Court Vacates F-1 STEM OPT Rule and Provides DHS With Six Months to Cure Defect

On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more

Seventh Circuit Rejects Implied Certification Theory of FCA Liability

Deepening a circuit split, the Seventh Circuit has joined the Fifth Circuit in rejecting the implied false certification theory of liability under the FCA. United States v. Sanford-Brown, Ltd., No. 14-2506 (7th Cir., June 8,...more

Seventh Circuit Rejects FCA Implied False Certification Theory

On June 8, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the doctrine of implied false certification in a False Claims Act (“FCA”) lawsuit, U.S. ex rel. Nelson v. Sanford-Brown Ltd. No. 14-2506, 2015 WL...more

How to Avoid Brown Act Violations When Discussing Litigation Issues

A nearly $400,000 severance deal struck between Pasadena Community College and its former president was nullified by a judge after determining that the deal was improperly discussed and finalized in closed session. A Los...more

In a World Where Talking to Yourself May Now Qualify as “Concerted” Activity . . .

Where up is down and left means right, talking to yourself may now qualify as “concerted” activity under the current NLRB. In Berkeley Preparatory School, Inc. and Kathi Grau, a teacher at a private, non-profit, religious...more

See You In Court – May 2015

Seymour Dollars, the irascible Chairperson of the Nutmeg Board of Finance, gave the Board of Education a very hard time throughout the entire budget process this year. He questioned the Board down to the minutest detail of...more

Pasadena Community College Ex-President’s $400,000 Severance Package Nullified Due to Brown Act Violations

A nearly $400,000 severance deal struck between Pasadena Community College and its former president was nullified by a judge after determining that the deal was improperly discussed and finalized in closed session. A Los...more

The NLRB Weighs In on Faculty Unions for Religiously-Affiliated Schools

Back on December 16, 2014 the National Labor Relations Board (“NLRB”), in its Pacific Lutheran University decision, announced a new standard for the exercise of its jurisdiction over religiously-affiliated colleges and...more

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