Election & Politics Law, Constitutional Law

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

by FordHarrison on 5/21/2013

In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as...more

Further Setback for the CFPB Director’s Authority?

by Marc Hearron, Andrew M. Smith, Nancy R. Thomas | Morrison & Foerster LLP on 5/20/2013

A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista...more

Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/20/2013

Just two months after the District of Columbia Circuit Court of Appeals ruled in Canning v. National Labor Relations Board that President Barack Obama's January 2012 appointment of three new members of the National Labor...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

by Denise Keyser, Mark Kowal | Ballard Spahr LLP on 5/20/2013

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

by Morgan Lewis on 5/20/2013

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010....more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

Cuba Practice Update -- May 16, 2013

by Matthew Aho, Pedro Freyre, Augusto Maxwell | Akerman Senterfitt on 5/16/2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or...more

Health Care Reform Implementation Update - May 15, 2013

by Mark Alderman | Cozen O'Connor on 5/16/2013

Last week the Senate agreed to vote on Marilyn Tavenner’s nomination to lead the Centers for Medicare and Medicaid Services (CMS); the Department of Health and Human Services (HHS) announced an initiative that will give...more

South Carolina Supreme Court (Reluctantly) Upholds Sales Tax Exemptions

by Michael Jacobs, Alexandra Sampson | Reed Smith on 5/13/2013

Yesterday, the South Carolina Supreme Court issued its long-awaited decision in Bodman v. South Carolina, holding that the state’s sales and use tax exemption and cap scheme, as a whole, does not violate the state...more

NJ Court Upholds OPRA Denial Over Personnel Records

by Sheri Siegelbaum on 5/13/2013

NJ Court Upholds OPRA Denial Over Personnel Records by Sheri Siegelbaum on May 13, 2013 The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open...more

Labor Letter, May 2013: The NLRB's Quorum Quandary

by Laurel Cornell, Erin Sweeney | Fisher & Phillips LLP on 5/10/2013

The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of...more

More Controversy With the National Labor Relations Board

by Eric Holshouser | Fowler White Boggs P.A. on 5/9/2013

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable....more

Marketplace Fairness Act of 2013 Passes United States Senate

by Stanley Kaminski, Carolyn Sprinchorn | Duane Morris LLP on 5/9/2013

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration....more

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

by Keith R. Fisher | Ballard Spahr LLP on 5/7/2013

As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we...more

U.S. Supreme Court Issues Key Public Records Decision

by Sheri Siegelbaum on 5/7/2013

U.S. Supreme Court Issues Key Public Records Decision by Sheri Siegelbaum on May 7, 2013 The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously...more

House Committee Refuses To Allow CFPB Director To Appear

by BuckleySandler LLP on 5/3/2013

On April 22, House Financial Services Committee Chairman Jeb Hensarling (R-TX) sent letters to CFPB Director Richard Cordray and CFPB General Counsel Meredith Fuchs stating that the House Financial Services Committee cannot...more

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

by Bloomberg Law on 5/3/2013

May 3 (Bloomberg Law) -- Rodge Cohen, partner at Sullivan & Cromwell who represents the nation's largest banks, talks with Bloomberg Law's Lee Pacchia about the concept of Too Big To Fail and a recent proposal from Senators...more

Why Non-Unionized High Tech Companies Still Need to Pay Attention to the National Labor Relations Board

by Valerie Menager | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - The National Labor Relations Board (NLRB) is the agency that administers the National Labor Relations Act (NLRA), which is the law that protects employee rights to unionize and collectively bargain with...more

N.J. Files Brief Supporting Sports Betting Law in Key Gambling Litigation

by Jeff Ifrah on 5/1/2013

The state of New Jersey filed its opening brief on April 29 in the U.S. Court of Appeals for the 3rd Circuit, in a case that could ultimately decide the fate of sports betting in the United States....more

Proposed Bill Would Create Chaos for Employers and Constitutionalize Common Workplace Grievances

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/1/2013

Employers: If there is one proposed bill at the Connecticut General Assembly to be concerned about this year, it is the stealth House Bill 6667. It could have the single biggest impact on employer/employee relations in a...more

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

by BuckleySandler LLP on 5/1/2013

On April 25, the DOJ and the National Labor Relations Board (NLRB) filed a petition seeking U.S. Supreme Court review of the D.C. Circuit Court’s January 25, 2013 decision invalidating the appointment of three NLRB members....more

U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case

by Mark Theodore | Proskauer - Labor Relations on 4/29/2013

As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page...more

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Election & Politics Law › Constitutional Law

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

Further Setback for the CFPB Director’s Authority?

Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

Cuba Practice Update -- May 16, 2013

Health Care Reform Implementation Update - May 15, 2013

South Carolina Supreme Court (Reluctantly) Upholds Sales Tax Exemptions

NJ Court Upholds OPRA Denial Over Personnel Records

Labor Letter, May 2013: The NLRB's Quorum Quandary

More Controversy With the National Labor Relations Board

Marketplace Fairness Act of 2013 Passes United States Senate

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

U.S. Supreme Court Issues Key Public Records Decision

House Committee Refuses To Allow CFPB Director To Appear

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

Why Non-Unionized High Tech Companies Still Need to Pay Attention to the National Labor Relations Board

N.J. Files Brief Supporting Sports Betting Law in Key Gambling Litigation

Proposed Bill Would Create Chaos for Employers and Constitutionalize Common Workplace Grievances

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

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