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Boeing Corporate Counsel

The Volkov Law Group

Boeing Reaches $51 Million Settlement with State Department for ITAR Violations

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Boeing continues to struggle. As troubles mount for Boeing, it  is clear that it suffers from real and pervasive culture issues that have been reflected in serious safety failures, financial difficulties, regulatory...more

Kilpatrick

Fifth Circuit: civil RICO class action against Southwest Airlines and Boeing cannot stand for lack of Article III injury-in-fact

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Takeaway: Over two years ago, the Eastern District of Texas denied a motion to dismiss a putative civil RICO class action alleging an “overcharge-by-fraud” theory, where the class representatives appeared to have suffered no...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for September 2022

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In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, which was an active one as the SEC...more

Hogan Lovells

(Patient) safety first: take steps now to promote good governance by your board

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Earlier this year, the Delaware Chancery Court approved a breathtaking $237.5 million settlement of derivative claims brought against Boeing’s board for breach of fiduciary duties regarding safety oversight. While the Boeing...more

K&L Gates LLP

Approval of US$237.5 Million Settlement in Boeing Derivative Action Demonstrates Impact of Section 220 Demand in ESG Litigation

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In a derivative action In re Boeing Company Derivative Litigation, Boeing’s stockholders obtained approval from the Delaware Court of Chancery for a landmark US$237.5 million settlement of derivative claims targeting the...more

Proskauer - Labor Relations Update

We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks

As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum, the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations...more

Stoel Rives - World of Employment

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Allen Matkins

Should Boeing Fly To Nevada?

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After Vice Chancellor Morgan Zurn's in September issued his opinion in In re Boeing Company Derivative Litigation, UCLA Professor Stephen Bainbridge declaimed that "After Boeing, Caremark is no longer 'the most difficult...more

Holland & Knight LLP

Recent Delaware Decision Highlights Heightened Board Oversight Requirements in Caremark Cases

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The Delaware Court of Chancery on Sept. 7, 2021, allowed a derivative stockholder lawsuit to proceed against The Boeing Company (Boeing), alleging that Boeing's board of directors breached their fiduciary duties by failing to...more

Epstein Becker & Green

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

Confidential arbitration agreements between employers and their employees are commonplace. Employers favor such agreements for many reasons, including preserving privacy and allowing legitimate claims to be either settled or...more

Stinson - Government Contracting Matters

Contractors Should Not Leave Money on the Table: The Federal Circuit Clears the Way for Boeing to Use the Tucker Act to Sue DoD...

In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing...more

Carlton Fields

Seventh Circuit Adds to Circuit Split, Holds Section 1782 Does Not Authorize Federal Courts to Compel Discovery for Use in Private...

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On a question of first impression in the Seventh Circuit regarding whether U.S. law allows federal courts to compel discovery for use in a private foreign arbitration, the Seventh Circuit joins the Second and Fifth Circuits...more

Jackson Lewis P.C.

Top Five Labor Law Developments for August 2020

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1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Seyfarth Shaw LLP

Year 2020 Hindsight Reveals That The Current NLRB Has Overhauled Our National Labor Laws Since 2017

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Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Overturns Obama-era Initiatives: A Round-Up of the December Decisions

December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more

Proskauer - Labor Relations Update

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

Hogan Lovells

NLRB Permits Confidentiality Requirements in Ongoing Workplace Investigations

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On December 17, 2019, the National Labor Relations Board (“NLRB”) held that confidentiality mandates during pending workplace investigations are lawful.  This ruling overruled the NLRB’s recent precedent that such mandates...more

Epstein Becker & Green

NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

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As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more

Ballard Spahr LLP

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

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The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more

Benesch

NLRB Reaffirms Test on “Micro-Units”; Blocks Mechanics Unit at Boeing in South Carolina

Benesch on

On September 9, 2019, the National Labor Relations Board (“NLRB”) continued its recent wave of activity in Boeing, 368 NLRB No. 67 (Sep. 9, 2019), by reaffirming its December 2017 decision in PCC Structurals, 355 NLRB No. 160...more

Parker Poe Adams & Bernstein LLP

New NLRB Advice Memo Clarifies Social Media Policy Rules

The National Labor Relations Board continues to provide guidance with respect to employers’ attempts to regulate employee social media behavior. In its Boeing Co. decision, the board made it significantly more difficult for...more

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

Akerman LLP - HR Defense

NLRB Weighs in on Confidentiality, Personal Use of Company Email, and Other Workplace Policies

Employers should be careful about designating Employee Handbooks confidential as, according to the National Labor Relations Board’s advice division, that would be unlawful. That advice was contained in one of five memoranda...more

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