Election & Politics Law › Business Organization › Labor & Employment Law

Swiss Voters Approve “Against the Rip-Off” Referendum Restricting Corporate Compensation

On March 3, 2013, voters in Switzerland approved a referendum providing one of the world’s most onerous restrictions regarding executive compensation. The referendum entitled, “Eidgenössische Volksinitiative ‘gegen die...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

SEC Commissioner Emphasizes the Need for Robust Proxy Disclosure

On February 20, 2013, SEC Commissioner Luis A. Aguilar delivered a speech regarding the need for more robust disclosure in proxy statements and highlighted areas in which disclosure can be substantially improved....more

Canning v. National Labor Relations Board

Obama NLRB Recess Appointments Unconstitutional (Text Copy)

Full text copy of the District of Columbia Court of Appeals ruling in Canning v. National Labor Relations Board, which found President Obama’s recess appointments of three members to the NLRB in January 2012 to be...more

NLRB Representation Rule Still Invalid

On July 27, 2012, Judge Boasberg of the U.S. District Court for the District of Columbia denied the National Labor Relations Board’s ("Board") motion to reconsider his holding that that the Board's expedited representation...more

NLRB's Efforts To Advance Ambush Election Rules Rebuffed, Again

If only everyone had just showed up and voted we wouldn't be in this mess. As previously reported, the NLRB's attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled...more

Federal Court Ruling Prompts NLRB to Drop New Procedures for Union Elections

In light of a federal court ruling, Chamber of Commerce v. NLRB, the National Labor Relations Board (NLRB) has shelved controversial new regulations for determining whether a majority of employees wish to be represented by a...more

The New NRLB Rules: What is the Current Status?

On May 15, 2012, the Federal District Court in Washington, D.C. enjoined effect of the new NLRB election rules, noting in the opinion that the the National Labor Relations Board did not have a legal quorum voting when the...more

NLRB's "Quickie Election" Rule Held Invalid on Technical Grounds

Back in December, we posted about the National Labor Relations Board’s (Board) resolution to change union election procedures. Among other things, the pro-union rule shortened the time between the filing of an election...more

Judge Strikes Down NLRB "Quickie" Union Election Rule

On May 14, a federal judge in the District of Columbia struck down the National Labor Relations Board’s new representation election rule, which had gone into effect on April 30. The Court concluded that the NLRB did not have...more

Federal Court Invalidates NLRB’s ‘Ambush Election’ Rule

Finding that no quorum existed to allow the National Labor Relations Board to take administrative action, a federal judge in Washington, D.C., has struck down the NLRB’s attempt to change the way it handled elections in the...more

Federal Court Enjoins NLRB’s "Ambush Election" Rule on Procedural Grounds; Reprieve for Employers May Prove Short-Lived

On Monday, May 14, 2012 a federal court in Washington, D.C. issued an Order invalidating the NLRB's controversial "ambush election" rules which took effect on April 30, 2012, on grounds that the rules were not properly...more

Judge Blocks NLRB's Union Election Rules

On Monday, a federal judge in Washington, D.C. blocked the National Labor Relations Board’s controversial new rules concerning the union representation election process that had gone into effect at the end of April 2012. The...more

Act Now Advisory: Court Strikes Down NLRB "Quickie Election" Rules .

In a sharp setback for the National Labor Relations Board (the “Board”), a federal district court in Washington, D.C. (the “Court”), struck down the Board’s election rules, which took effect on April 30, 2012, on technical...more

NLRB Notice Posting Requirement and New Representation Election Rules

On August 25, 2011, the National Labor Relations Board (NLRB) issued a rule requiring essentially all private employers to post a notice informing employees of their rights under the National Labor Relations Act (the Act). ...more

Judge Rules NLRB's Fast-Track Election Rule Invalid

On May 14, 2012, U.S. District Judge James Boasberg, a 2011 Obama appointee to the Washington, D.C. District Court, found invalid the National Labor Relations Board's recent rule that would speed up union elections, because...more

The Case Of The Board Member Who Didn’t Show Up – Or Did She?

Consider a board with a total of five authorized members but with only three members in office. The board is facing a various contentious decision on whether to engage in a transaction. Two of the board members favor...more

Federal Court Requires Greater Disclosure of Corporations that Fund Electioneering Communications. Donors Beware.

On March 30, 2012, the United States District Court for the District of Columbia struck down a key provision governing the disclosure of electioneering communications by corporations and labor unions. In Van Hollen v....more

JOBS Act Will Significantly Relax Restrictions on Capital Raising April 6, 2012

On April 5, 2012, President Obama signed the JOBS Act (Jumpstart Our Business Startups), the culmination of a bipartisan effort by Congress to ease restrictions on capital raising that have affected and guided companies and...more

Update: Outsourcing Accountability Act Voted Down; Call Center Legislation Gains Support

The House of Representatives March 8, 2012, voted down the Outsourcing Accountability Act of 2012 (HR 3875) by a vote of 230 to 175. The bill, originally introduced by Rep. Gary Peters (D-Mich.), would have amended federal...more

CalPERS Approves Political Contribution Guideline Despite Vehement U.S. Chamber Opposition

At yesterday’s meeting, the Investment Committee of the California Public Employees Retirement System (CalPERS) approved updates to its “Global Principles of Accountable Corporate Governance”. Among other changes, the update...more

Governor Brown Vetoes CalPERS/CalSTRS Gift Limitation Bill

For the last two years, the California Public Employees Retirement System has been dogged by an unrelenting stream of bad news concerning the behavior of its current and former board members. In the most recent blow, the...more

Carried Interest Language Narrowed, but Remains Far-Reaching

This newsletter summarizes the Obama administration’s recent carried interest tax provision. The provision is not expected to be enacted soon, but the proposal contains drafting changes of interest to those following the...more

Decline in Trade Union Membership in the UK and some very interesting statistics

Philip Henson, Partner, and head of employment law, in the City of London law firm Bargate Murray discusses the key findings of new Government report showing the decline of Trade Union membership in the UK....more

Damages for negligent misstatement - McKie v Swindon College

HR practitioners and lawyers will be familiar with the UK case of Spring v Guardian Assurance [1995] 2 AC 296, that an employee may make such a claim following a reference negligently prepared by an employer. Regular readers...more