In That Case: Department of State v. Muñoz
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Law School Toolbox Podcast Episode 334: Listen and Learn -- Standards of Review (Con Law)
Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)
Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)
Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Webinar: Investigating and Resolving Sexual Assaults on Campus
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more
Sometimes employers believe they have all the evidence they need to discipline or terminate an employee, even without having talked to the employee and hearing the employee’s side. Why waste time talking to the employee when...more
The National Labor Relations Board announced a number of changes to its representation election rules on December 13, 2019, many of which, to some degree or another, restored elements of the Board’s procedures prior to the...more
At the end stages of lone Democrat Board Member McFerran’s term, the National Labor Relations Board (NLRB) Friday, December 13th, issued the first of what may be a number of rulings in the form of a procedural regulation...more
Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law. The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter...more
On November 16, 2016, a Texas federal judge permanently blocked the U.S. Department of Labor (“DOL”) from enforcing its persuader rule in National Federation of Independent Business, et al. v. Thomas E. Perez, et al., Case...more
The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice...more
On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924. In reaching this conclusion, the court...more
In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more
The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more
This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension...more
This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more
Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more
On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more
This week, the U.S. Chamber of Commerce and several business trade groups announced that they jointly filed a complaint in federal court against the National Labor Relations Board (NLRB), seeking to strike the Board’s new...more