Commercial Law & Contracts, Constitutional Law, Labor & Employment Law

Bankrupt Municipality May Reduce Retiree Benefits

by Aaron Kleven | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

Wisconsin’s Controversial Public Union Law Upheld as Constitutional

by Mike Grubbs | Sherman & Howard L.L.C. on 3/6/2013

A panel of the Seventh Circuit Court of Appeals recently upheld Wisconsin's widely-discussed 2011 law that limits the collective bargaining rights of most public sector employees....more

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

Seventh Circuit Dismisses Terminated Principal’s First Amendment Rights Case

by Julie Heuberger Yura | Franczek Radelet P.C. on 2/22/2013

In Julie McArdle v. Peoria School District No. 50, the Seventh Circuit upheld a lower court’s dismissal of a terminated school principal’s First Amendment and contract claims against a school district. The principal alleged...more

NLRB Decisions To Fall Like Dominos?

by Adam Santucci | McNees Wallace & Nurick LLC on 2/12/2013

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 2/12/2013

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

Indiana’s Right-to-Work Statute Survives First Challenge While Court Clarifies Statutory Ambiguities

by Matthew J. Kelley, Brian L. McDermott | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/25/2013

On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One of those lawsuits,...more

Florida Supreme Court Upholds Legislation Requiring Public Employees To Contribute To Retirement Accounts

by Elizabeth Kuhn, Karen M. Morinelli | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/24/2013

In a 4-3 decision in Scott v. Williams, No. SC12-520 (Fla. Jan. 17, 2013), the Florida Supreme Court recently upheld the constitutionality of a 2011 law, Senate Bill 2100, requiring Florida’s public employees to contribute...more

Fenwick Employment Brief - January 2013

by Dan Ko Obuhanych, Michael A. Sands | Fenwick & West LLP on 1/17/2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

Freedom of Speech in Social Media – UK Employee Unlawfully Demoted for Christian Gay Marriage Facebook Posts

by Brad Hillson, Nicola Whiteley | Orrick - Global Employment Law Group on 12/12/2012

In the recent UK case of Smith v. Trafford, the Claimant was awarded just £98 (approx. $150) by the English High Court for a successful breach of contract claim against his housing trust employer (the “Trust”)....more

Right-To-Work Becomes Law In Michigan: What It Means For Employers

by Varnum LLP on 12/12/2012

On December 11, 2012, the Michigan House passed and Governor Snyder signed HB 4003 and SB 116, commonly referred to as "right-to-work" legislation. This legislation effectively prohibits a "closed" union shop...more

Bernstein Shur Business and Commercial Litigation Newsletter #22

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

by Sands Anderson PC on 11/28/2012

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

Croatian Employment Law in Brief

by Fisher & Phillips LLP on 11/7/2012

Since its declaration of independence in 1991, which precipitated the dissolution of Yugoslavia, Croatia has had a difficult path transitioning to a market economy. Now, Croatia is set to become the newest member of the...more

California Employment Law Notes - September 2012

by Proskauer Rose LLP on 9/13/2012

In This Issue: - Desperate Housewife's Wrongful Termination Claim Should Have Been Dismissed: Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012) - Post-Employment Non-Compete Covenant...more

Noncompete News - Eleventh Circuit Holds That RCA Does Not Apply to Non-Competes Signed Before May 11, 2012

by FordHarrison on 7/23/2012

Executive Summary: The Eleventh Circuit recently addressed one of the most confusing questions surrounding Georgia's new Restrictive Covenant Act (RCA): did the law become effective on November 3, 2011, as the General...more

The Affordable Care Act Upheld: Now What For Our Clients?

by Robert Pohls on 7/6/2012

On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more

The Supreme Court's Ruling on Health Care Reform: How Does it Impact Our Clients?

by Robert Pohls on 7/2/2012

On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more

Legislative Changes Give Georgia Employers Cause to Review the Restrictive Covenants in Their Employment Contracts

by Carlton Fields on 4/24/2012

Non-competition agreements and other restrictive covenants are valuable tools for employers, allowing companies to protect their business models, customer lists, trade secrets, and other critical information. Until last year,...more

California Anti-SLAPP Statute Protection Applies to Hospital's Termination of Physician Staff Contract

by Sedgwick LLP on 4/18/2012

California Code of Civil Procedure section 425.16 – known as the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute – provides a procedural mechanism to test, before costly discovery and pre-trial...more

Legal Alert: Texas Supreme Court Enforces Jury Waiver Agreement

by FordHarrison on 3/26/2012

Executive Summary: The Texas Supreme Court recently held that a jury waiver agreement between an employer and an at-will employee is enforceable. See In re Frank Kent Motor Company d/b/a Frank Kent Cadillac, No. 10-0687...more

Things to Consider Before Hiring Employees in Brazil

by Michael Diaz Jr. - Diaz Reus International... on 12/23/2011

As the United States battles high unemployment rates amidst announcements of massive layoffs by the country’s largest employers, Brazil is experiencing the lowest unemployment rate in its history. The second largest country...more

Mexico Non-Compete and Trade Secrets Law: A Primer for U.S. In-House Counsel

by Fisher & Phillips LLP on 11/3/2011

On paper, the restrictive covenant law in Mexico looks a bit like California, but on closer examination it may be easier for a company to achieve certain goals in Mexico. For U.S. practitioners, Mexico offers an interesting...more

Governor Signs Bill Imposing New Requirements On In-State And Out-of-State Employers Who Pay Commissions

by Allen Matkins Leck Gamble Mallory & Natsis... on 10/12/2011

Two score and eight years ago, the California legislature enacted AB 836 (Frew), Stats. 1963, ch. 1088. That legislation requires employers who pay their employees for services in California through commissions to provide...more

Georgia’s New Non-Compete Statute – What a Long Strange Trip It’s Been

by Fisher & Phillips LLP on 5/14/2011

On May 11, 2011, Georgia Governor Nathan Deal signed House Bill 30, Georgia’s new restrictive covenants statute. The signing by Governor Deal brings to a close a process that is accurately summarized by the words of the...more

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Commercial Law & Contracts › Constitutional Law › Labor & Employment Law