Free Speech

McAfee & Taft Employer LINC: LABOR LAW UPDATE - Pro-union poster rule strikes out

by McAfee & Taft on 5/22/2013

During the last several years, the National Labor Relations Board has taken an increasingly active stance in promoting unions and union organizing efforts. Yesterday, the U.S. Court of Appeals for the District of Columbia...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder And Attorney General Schuette For Lack Of...

by Gary Mouw | Varnum LLP on 5/16/2013

In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more

NLRB Prevented From Requiring Employers To Post Notices

by David Houston, James B. Perry | Dickinson Wright on 5/16/2013

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector...more

D.C. Circuit Court Shuts Down NLRB Rule Requiring Union Poster

by Patrick Muldowney, Nathan Schacht | BakerHostetler on 5/15/2013

On May 7, 2013, a federal appellate court in Washington, D.C., struck down the National Labor Relations Board's (NLRB or Board) requirement that employers subject to its jurisdiction post on their properties and websites a...more

Fenwick Employment Brief - May 2013: NLRB Posting Rule Held Unconstitutional

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

NLRB Notice-Posting Rule Struck Down

by Melissa Gonzalez Boyce | XpertHR - Partnered with LexisNexis on 5/15/2013

The National Labor Relations Board (Board) rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (Act) has been struck down by a federal appeals court....more

D.C. Circuit Tells NLRB "No Workplace Poster for You!"

by Theodore T. Eidukas | Foley & Lardner LLP on 5/14/2013

Many would contend that inherent in the freedom of speech is the freedom to decide when not to speak such that the government, as the argument goes, cannot compel one to say or otherwise disseminate certain information....more

DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

by Scott Faust, Michael Lebowich, Ronald Meisburg, Bernard Plum, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 5/14/2013

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

To Post Or Not To Post: D.C. Appeals Court Strikes Down NLRB Employee Rights Posting Requirement

by Andrew Cripe, Jay Dade, Sean Gallagher, W. Terrence Kilroy, Christopher Mason, Mark Weisman | Polsinelli on 5/13/2013

On May 7, a three-judge panel of the United States Court of Appeals for the District of Columbia unanimously struck down a rule of the National Labor Relations Board ("NLRB") that would have required employers to post a...more

Court Strikes Down NLRB Poster Rule

by Fisher & Phillips LLP on 5/13/2013

The National Labor Relations Board suffered another significant blow this week, when the U.S. Circuit Court of Appeals for the District of Columbia struck down the Board’s controversial notice-posting mandate on the basis...more

Employment And Labor Alert: D.C. Circuit Invalidates NLRB's Posting Rule

by Christina Sans | Leonard, Street and Deinard on 5/10/2013

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board's controversial notice posting rule (see Nat'l Assn. of Mfrs. v. Nat'l Labor Relations...more

D.C. Circuit Invalidates NLRB Poster Rule: Court Strikes Another Blow to Agency by Striking Down Rule Requiring Employers to Post...

by John Rodgers | Bradley Arant Boult Cummings LLP on 5/10/2013

The U.S. Court of Appeals for the D.C. Circuit’s legal sparring with the National Labor Relations Board (NLRB) continued on Tuesday when a unanimous panel held that the NLRB’s poster rule was invalid because it infringed on...more

NLRB Notice Posting Requirement Violates Employers’ Right to Free Speech

by Charles Oxender | Miller Canfield on 5/10/2013

The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia...more

D.C. Circuit Vacates NLRB Poster Rule

by Daniel V. Johns, Kelly Kindig | Ballard Spahr LLP on 5/9/2013

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a controversial rule issued by the National Labor Relations Board (NLRB) that would have required most private sector employers covered by the...more

NLRB Poster Rule Torn Down by the D.C. Circuit

by Baker, Donelson, Bearman, Caldwell &... on 5/9/2013

In August 2011, the National Labor Relations Board (NLRB) attempted to implement a rule requiring every employer in the United States to post a "notice" of union organizing rights. After an almost two-year battle, the courts...more

D.C. Circuit Court of Appeals Strikes Down NLRB’s Poster Rule

by John Elliott III, Jennifer W. Terry | Miller & Martin PLLC on 5/9/2013

Yesterday, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board (NLRB) rule requiring employers to post notices regarding employees’ right to unionize was invalid. ...more

Legal Alert: Federal Appeals Court Strikes NLRB's Notice Posting Rule

by FordHarrison on 5/9/2013

The D.C. Circuit Court of Appeals has vacated the National Labor Relations Board's rule requiring employers to post a Notice of Employee Rights under the NLRA because it violates employers' free speech rights. ...more

D.C. Circuit Court Vacates the NLRB's Notice Posting Rule

by Duane Morris LLP on 5/9/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in National Association of Manufacturers, et al. v. National Labor Relations Board, et al., No. 12-5068, that the National Labor Relations...more

Appeals Court Holds Board's Notice Rule Inconsistent With Employer Free Speech

by Murphy, Hesse, Toomey & Lehane, LLP on 5/9/2013

The saga of the National Labor Relations Board’s (“Board”) Notice posting rule continues. If you recall from our prior Alerts, in 2011 the Board issued a Rule mandating the posting of an 11” x 17” Notice in virtually every...more

DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

by Mark Theodore | Proskauer - Labor Relations on 5/8/2013

A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National...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

Order Restricting Informal Discovery Infringes on Litigant’s Right to Free Speech

by Jason H. Baruch | Trenam Kemker on 4/1/2013

In this medical business dispute between a buyer and sellers of surgical centers, the trial court entered an order precluding the sellers from communicating with any third party, including those in other countries, about the...more

Two New Developments in First Amendment Challenges to Off-Label Promotion: What's Next?

by King & Spalding on 3/14/2013

Following the Second Circuit’s marquee First Amendment ruling in the Caronia case, two recent developments demonstrate a shift in the battleground for First Amendment challenges to the prohibition on off-label promotion under...more

Ninth Circuit Affirms Conviction in Harkonen, Rejects the Defendant’s “Off-Label” First Amendment Challenge

by Vernon Francis, Thomas Lee | Dechert LLP on 3/13/2013

On March 4, 2013, a panel of the United States Court of Appeals for the Ninth Circuit issued its opinion in United States v. Harkonen,1 a case in which the CEO of a pharmaceutical company was prosecuted for transmitting...more

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