Read Election & Politics Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Spitzer: Lanny Breuer at DOJ Was a "Disaster"
Is Edward Snowden a Whistleblower?
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
Too Big To Fail in the Dodd-Frank Era
Instapundit: America's IP Laws Need to be "Pruned Back"
Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail
Are Political Intelligence Practice Groups Too Risky?
Client Biz Dev: You're Doing It Wrong
Bill on Bankruptcy: Trustees Sleep Easy after High Court Ruling
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Could This Law School Ranking Unseat US News?
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Businessweek Reporter: BigLaw Is "Crash Landing"
With Radical Changes, Law Firms Can Beat Recession
STOCK Act Loses Much of Its Teeth, but Members of Congress Aim to Change That
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Can You Patent Human Genes? ACLU Says No
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Cybersecurity Lobbying Booming: How Law Firms Can Profit
The briefing on the NLRB’s petition for certiorari in Noel Canning was completed yesterday, with the filing by the NLRB of a brief replying to the respondent’s brief filed on May 23.
We have been following very closely developments in NLRB v. Noel Canning, the case seeking Supreme Court review of the D.C. Circuit Court’s judgment invalidating President Obama’s January 4, 2012 appointment of several NLRB...more
In National Labor Relations Board v. New Vista Nursing and Rehabilitation (--- F.3d ----, C.A.3, May 16, 2013), the United States Court of Appeals considered the validity of a ruling by the National Labor Relations Board...more
Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was...more
Senate Republican Leader Mitch McConnell and his 44 Senate Republican colleagues have filed an amicus brief urging the U.S. Supreme Court to grant certiorari in NLRB v. Noel Canning....more
We recently reported that counsel for the respondent in NLRB v. Noel Canning planned to make a filing advising the U.S. Supreme Court that the respondent did not oppose the NLRB’s petition for certiorari....more
On May 16, the U.S. Court of Appeals for the Third Circuit held that an appointment to the National Labor Relations Board (NLRB) made by President Obama in March 2010 during a purported Senate recess was unconstitutional and...more
Last week’s News Flash alerted readers that a second federal appellate court has now invalidated a NLRB recess appointment as incompatible with the meaning of the phrase, “the Recess of the Senate” in the Recess Appointment...more
Based on a Reuters article quoting counsel for Noel Canning, Gary Lofland, I had previously indicated that the Respondent would not oppose certiorari in the case. ...more
A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more
As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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