Read Election & Politics Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Bill on Bankruptcy: Sandbagging of a Federal District Judge
Bill on Bankruptcy: Detroit Could Mean Little for Creditors
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Too Big To Fail in the Dodd-Frank Era
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A federal district court in Washington has struck down an NLRB petition for a Section 10(j) injunction because the NLRB lacked a valid quorum at the time the petition was authorized. In Hooks v. Kitsap Tenant Support...more
This past February, the California Supreme Court addressed the viability of a mixed-motive defense to employment discrimination claims brought under the Fair Employment and Housing Act (FEHA) in the Harris v. City of Santa...more
What the courts giveth the Legislature taketh away. In 2012, California employers received an unexpected early Christmas gift when the California Supreme Court ruled in Kirby v. Immoos Fire Protection, Inc. that the...more
Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more
Executive Summary: On November 14, 2012, the Senate passed the Whistleblower Protection Enhancement Act (WPEA) of 2012. The House previously approved the Act, and President Obama is expected to sign it into law. The Act...more
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
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
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
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
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
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
Executive Summary: A federal trial court in the District of Columbia has held that the "ambush election" procedures published by the National Labor Relations Board (NLRB) in December 2011 are invalid. In response to the...more
On Monday, May 15, 2012, a Washington, D.C. federal judge invalidated the so-called “Hurry-Up” Election Rules of the National Labor Relations Board that previously became effective on April 30, 2012. The judge based his...more
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
Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. – Ferris Bueller
Well, did you miss it?
Just as people were settling down to the NLRB’s new speedy election rules this...more
The U.S. District Court for the District of Columbia ruled yesterday that the NLRB’s “quickie election” rule is invalid because it was passed without a quorum of Board members being present. As you may recall, the rule was...more
On Monday, May 14, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board’s rule changes that went into effect on April 30, 2012, and that provided for “quickie” union...more
According to a D.C. federal court, another regulation issued by the National Labor Relations Board (the "Board") is unlawful. This time, the Board's so-called "quickie election" rule, which would shorten the time period...more
The NLRB's agenda for bringing about massive change despite severe opposition continues to be stalled by legal challenges. Last month, the Board's employee rights poster notice rule was invalidated. Now, a month later, a...more
On May 14, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workforce dealt yet another blow to the National Labor Relations Board, securing summary judgment in their challenge of the NLRB's...more
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
Yesterday, the U.S. District Court for the District of Columbia issued a ruling on the U.S. Chamber of Commerce’s challenge to the National Labor Relations Board’s (NLRB) quickie election rule that technically took effect on...more
On May 14, 2012, the United States District Court for the District of Columbia invalidated the controversial regulation of the National Labor Relations Board (NLRB) that would have dramatically reduced the time frame of union...more
This highly anticipated decision strikes down the NLRB's new election procedures in their entirety, finding the Board did not act with the required three-member quorum when it approved the final rules in December 2011....more