Hospice Insights Podcast - Hospice Audit Updates: Hospices Fare Well in Federal Court
Quick Guide to Administrative Hearings
Hospice Insights Podcast - Controlling the Narrative: A New Tactic for Auditors and ALJs
In That Case: Securities and Exchange Commission v. Jarkesy
#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®
Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv
AGG Talks: Home Health & Hospice - Lessons Learned From ALJ Hospice Audit Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Hospice Audit Series | Welcome to the Party: Contractor Participation at ALJ Hearings
The Justice Insiders: The Administrative State is Not Your Friend - A Conversation with Professor Richard Epstein
Four Decision Points in SEC Securities Investigations
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
DE Under 3: New NLx Job Count Record; Fifth Circuit Court of Appeals Big Strike Down; OFCCP’s Latest CSAL
Tribal Tax Exemption Under McGirt Gains Preliminary Victory
Hospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part II
Hospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part I
Hospice Audit Series: How are Hospices Faring at ALJ Hearings?
A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities
U.S. International Trade Commission
On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board (“NLRB”) against three constitutional challenges in NLRB v. North Mountain...more
A new Ninth Circuit Court of Appeal decision, NLRB v. North Mountain Foothills Apartments, LLC (Oct. 28, 2025), highlights the deepening split between federal appellate courts over the National Labor Relation Board’s (NLRB)...more
On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit...more
On October 29, the CFPB published a final rule in the Federal Register rescinding most of its amendments made to rules related to adjudication proceedings in February 2022 and March 2023. The amendments had made changes to...more
As a result of the current federal government shutdown, several agencies regulating employment — the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB)...more
Centripetal Networks, LLC v. Palo Alto Networks, Inc. et al., Appeal No. 2023-2027 (Fed. Cir. Oct. 22, 2025) - In the Court’s only precedential opinion last week, a panel of the Federal Circuit considered issues...more
Managing a farm workforce can be a heavy lift. That’s because agricultural employers need to keep up with farm labor laws and workplace regulations that seem to constantly change. That’s why we created this zero-waste...more
The application of the federal “step transaction” doctrine to New York City (“NYC”) real estate transactions can severely limit application of the long-standing “mere change in form” exemption under NYC’s real property...more
In Causam Enterprises, Inc. v. ITC, No. 23-1769 (Fed. Cir. Oct. 15, 2025), the Federal Circuit addressed whether Causam was the owner of the asserted patent and, thus, had Article III standing. The central issue was whether...more
Newly-confirmed member on Occupational Safety and Health Review Commission offers hope for eventual resolutions of pending cases....more
On October 7, the U.S. Senate approved President Donald Trump’s nomination of Jonathan Snare to the Occupational Safety and Health Review Commission (OSHRC). OSHRC handles appeals of federal OSHA citations. ...more
Today’s constitutional challenges to the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) converge on three fronts: Article II of the U.S. Constitution...more
In a press release dated September 19, 2025, Commissioner Ricardo Lara announced proposed changes to California’s rate review and intervenor system. The state’s intervenor system, initially established by Proposition 103 in...more
On August 19, 2025, the Fifth Circuit Court of Appeals upheld injunctions barring the National Labor Relations Board (NLRB) from prosecuting unfair labor practices (ULP)/charges against three employers, including Space X....more
The U.S. Senate’s October 7, 2025, confirmation of Jonathan L. Snare to the Occupational Safety and Health Review Commission (OSHRC)—the three-member adjudicatory agency that has not had a commissioner since April 2025—was an...more
By Mark Ishu The Supreme Court’s decision in SEC v. Jarkesy (2024) and the Fifth Circuit’s ruling in SpaceX v. NLRB (2025) together mark the most significant challenge in decades to the modern administrative state. Both...more
On May 23, 2025, a National Labor Relations Board (“NLRB”) administrative law judge held that a cannabis company violated the National Labor Relations Act (“NLRA”) by laying off store associates without bargaining the impact...more
Since the government shutdown began on October 1, 2025, many employers have been concerned about its effects on the operations of various federal agencies, including the Mine Safety and Health Administration (MSHA) and the...more
On October 1, 2025, the U.S. federal government entered a partial shutdown after Congress failed to pass a continuing resolution to fund government operations before the September 30 deadline. This political impasse disrupts...more
With no agreement between Congressional Republicans and Democrats on a funding bill for fiscal year 2026, the U.S. federal government shut down at 12:01 a.m. Eastern on October 1, 2025....more
As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its proposed per- and polyfluoroalkyl substances (PFAS) reporting rule. Administrative Law...more
The Fifth Circuit’s recent decision in SpaceX v. NLRB (2025) struck at the heart of the National Labor Relations Board’s structure, holding that the statutory removal protections for Board members and administrative law...more
The Fifth Circuit Court of Appeals recently held that the statutory removal protections for members and administrative law judges of the National Labor Relations Board are likely unconstitutional under separation of powers...more
Patent families claim inventions that are similar since the entire family claims the innovative features of a single or limited number of inventions. They do so by relying on the disclosure of a single patent specification...more
Investigations under 19 U.S.C. § 1337 (Section 337) before the U.S. International Trade Commission can provide relief against unfair acts in the import trade. The most common causes of action include infringement of U.S....more