The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal...more
Today the hosts of “Terra Firma: Conversations on Commercial Real Estate,” discuss how the proposed reclassification (or “rescheduling”) of cannabis may impact cannabis businesses and their real estate holdings, especially...more
The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55...more
On October 10, 2023, Governor Newsom signed California Assembly Bill 1484 (2023) (“AB 1484”), supporting bargaining rights for temporary employees effective January 1, 2024. AB 1484 amends existing law under the...more
Last week, the National Labor Relations Board (NLRB) Office of the General Counsel (GC) issued an instructive memorandum to all Regional Directors outlining its position on the recent Cemex decision. Although this highly...more
The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more
While I can’t remember anything specific from my 1-L Contracts class, I’m sure that is where I first was exposed to the concept that an integration clause could prevent a party to a written contract from claiming that other...more
In a novel decision, the Tokyo District Court held that a restaurant review platform's unilateral change to its rankings algorithm violated a Japanese antitrust law that prohibits abuse of "superior bargaining power." The...more
Car buying has evolved since the creation of state automotive franchise and dealer laws. The internet has brought virtually every consumer buying experience online, yet new vehicle sales are still largely a brick-and-mortar...more
The Second Circuit’s recent decision in 1-800 Contacts, Inc. v. FTC signals that trademark holders can aggressively enforce their rights and pursue settlements with competitors that are not “inherently suspect” under the...more
CEP Magazine (November 2020) - A proposed regulation, currently in draft form, seeks to create a level playing field for Australian news media organizations and global technology companies such as Google and Facebook. The...more
The Bullet Point: Ohio Commercial Law Bulletin Is my conduct a violation of the Consumer Sales Practices Act? Volume 4, Issue 18 October 2, 2020 Unconscionable arbitration agreement Klonowski v. Lynch, 8th Dist. Cuyahoga...more
On September 23, 2020, the New York Supreme Court dismissed Attorney General Letitia James’ lawsuit against Quality King Distributors alleging that the wholesaler unlawfully increased the price of its Lysol products. In a...more
In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more
Businesses may be wondering whether there is increased risk of price gouging liability when they impose higher penalty terms, ask for higher up-front payments, raise rates, or otherwise seek terms that may be more burdensome....more
On June 30, 2020, the JFTC published an interim report about market research on startup business practices (the "Report"). The JFTC will continue its research and will issue a final report. This is part of the effort by the...more
The coronavirus pandemic is creating a set of circumstances that present a big opportunity for organized labor and a serious challenge for non-union employers. Job security and safety are traditional issues that unions use to...more
The coronavirus epidemic has prompted many employers to consider whether the current emergency may allow them to take certain actions without first bargaining with the union representing their employees. ...more
As the United States continues to navigate the ongoing coronavirus pandemic and ensuing economic crisis, many employers are considering unprecedented action, such as altering their business model, implementing remote work...more
On March 27, 2020, NLRB General Counsel John Ring issued General Counsel Memorandum 20-04, entitled “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” providing employers with guidance “regarding the...more
General Counsel Memorandum 20-04, released on March 27, 2020, provides guidance on an employer’s duty to bargain under the National Labor Relations Act (Act) in emergency situations, where there is otherwise an absence of...more
As the coronavirus pandemic continues to impact employers’ business operations, employers with unionized workforces are faced with making business decisions while fulfilling their obligation to bargain with their employees’...more
The Second Appellate District of the California Court of Appeal recently issued a decision in Constellation-F, LLC v. World Trading 23, Inc. finding that a holdover provision in a commercial lease providing for significantly...more
Providers that are not financially or clinically integrated must keep separate operations. This can extend to the use of a common agent for the non-integrated providers. The U.S. Department of Justice and Federal Trade...more
On August 29, 2019, the Japan Fair Trade Commission ("JFTC") published a draft of new "Guidelines Concerning Abuse of a Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that...more