Constitutional Law

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

by Keith R. Fisher | Ballard Spahr LLP on 5/21/2013

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

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

by Jay Nanavati | BakerHostetler on 5/21/2013

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Supreme Court Preview: 2013

by Law Offices of Karl E. Knudsen on 5/21/2013

The United States Supreme Court has a busy docket for 2013. A number of important cases affecting the criminal justice system throughout the United States are to be decided this season. Cases involving the Fourth Amendment’s...more

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

New York State Court Dismisses RMBS Putback Action Against Nomura As Time-Barred

by Orrick - Structured Finance Group on 5/20/2013

On May 10, Justice Sherwood of the Supreme Court of the State of New York dismissed on statute of limitations grounds an RMBS putback action brought against Nomura Credit & Capital, Inc. (Nomura)....more

Court Prohibits Bond Expenditure on Stadium Lighting Because Lighting Was Not Specifically Listed as Contemplated Project

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 5/20/2013

The California Court of Appeal, Fourth Appellate District, recently held that school district bond revenues could not be spent on stadium lighting where the bond proposition did not specifically list field lighting as part of...more

D.C. Circuit Strikes Down NLRB’s Notice-Posting Rule

by Christopher Feudo | Foley Hoag LLP on 5/20/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled in National Association of Manufacturers v. NLRB that the National Labor Relations Board’s rule requiring employers to post notices informing...more

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/20/2013

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...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

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

by Angela Bohmann, Jewelie Grape, Christina Sans | Leonard, Street and Deinard on 5/20/2013

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....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

Bitcoin And The Corporations Code

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/20/2013

I’ve been seeing an increasing number of references to Bitcoin and other forms of virtual or crypto currencies in the news. For example, Jeffrey Sparshott and Robin Sidel of the Wall Street Journal reported last week that...more

Court of Appeal Narrowly Reads School Bond Measure Language In Siding with Taxpayer Group’s Challenge To High School Stadium...

by P. Addison Covert, Meghan Covert Russell, Stacy Toledo | Kronick, Moskovitz, Tiedemann & Girard on 5/20/2013

The California Court of Appeal, Fourth Appellate District, recently held that school district bond revenues could not be spent on stadium lighting where the bond proposition did not specifically list field lighting as part of...more

Update On The NLRB Poster Litigation

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...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

Amicus Briefing - Hawaii State Bar Association, Appellate Law Section CLE materials (5/20/2013)

by Robert Thomas on 5/19/2013

This is the handout for the CLE session on Amicus Briefing for the Hawaii State Bar Association's Section of Appellate Law - 5/20/2013...more

U.S. Supreme Court Decision Watch Begins As End of Term Nears

by Donald Scarinci on 5/18/2013

The U.S. Supreme Court must issue decisions on cases considered in the October 2012 Term before the session ends in June. The justices have concluded all oral arguments and are expected to start rolling out the remaining...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/17/2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

by R. Scott Adams | Spilman Thomas & Battle, PLLC on 5/17/2013

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...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

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