From their creation in 1993, the New York State Supreme Court Commercial Division Rules have been developed and refined by judges and practitioners to pursue the twin goals of cost containment and fair adjudication....more
The NLRB rang in the New Year by examining what constitutes an impression of unlawful surveillance. In Dignity Health d/b/a Mercy Gilbert Medical Center, 370 NLRB No. 67 (January 6, 2021), the Board reaffirmed helpful...more
People become familiar with criminal investigations through Hollywood films or detective television programs. Usually, the scriptwriter divides those being investigated into two categories: one – the sophisticated interrogee,...more
When it comes to an unfair practice allegation asserting an employer’s statement is unlawful, words matter. And, so does context. Under NLRB case law, the actual employer statements are evaluated as well as the overall...more
A couple of witnesses had about the most high-profile testimony turn imaginable the other day. As the public phase of the House impeachment hearings got underway on Wednesday, the first up to bat were George Kent, top State...more
It is the classic scenario for a false confession: The suspect sits in a small room answering the same questions over and over again as the detective repeating those questions grows more and more exasperated. Finally, as the...more
How the NLRB treats employer statements made to employees in the context of union organizing or other protected activity has been a frequent topic of discussion. While the actual case law analyzing the coerciveness of an...more
The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more
In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more
Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found that the agents had...more