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Successors Corporate Counsel

Goodwin

Delaware Court of Chancery Holds Buzzfeed Not Bound by Pre-SPAC Merger Employment Agreements

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On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more

Littler

President Trump Issues Executive Order Loosening Constraints on Federal Government Contractors’ Workforce Options

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Government contractors received a treat for Halloween, as President Trump issued an Executive Order on October 31, 2019 designed to ease the burden on successor contractors to federal service contracts and “to promote economy...more

Benesch

NLRB Issues Decision Favorable to Successor Employers

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In a ruling that the Republican majority states will “save jobs and help struggling businesses survive,” the National Labor Relations Board issued a 3-1 decision on Tuesday April 2, 2019 limiting the circumstances under...more

Fisher Phillips

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

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The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

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

Rhode Island Court Gives Assignability of Employee Non-Competes a Haircut

Last month, a Rhode Island trial court held that a hairdresser’s noncompetition agreement with the salon for which she had been working, which sold its assets to a successor salon, was not transferable to the successor...more

Amundsen Davis LLC

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

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When a change of ownership occurs for a business that employs individuals who are represented by an incumbent union, the new owner must be aware of the National Labor Relations Board’s (NLRB) successor bar doctrine. It used...more

Littler

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

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In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

Seyfarth Shaw LLP

Blurred Lines: Under New “Perfectly Clear” Standard, NLRB Finds that Seller’s Conduct Prohibits Asset Purchaser from Setting...

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Seyfarth Synopsis: In yet another pro-union, results-driven decision, the NLRB announces a new approach to evaluating whether an asset purchaser has forfeited its right to set initial terms and conditions when offering...more

Littler

New York City Expands Law Governing Displaced Building Service Workers

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Mayor Bill de Blasio recently signed a bill amending the New York City Displaced Building Service Workers Protection Act (“the Displaced Workers Act” or “the Act”), first enacted by the City Council in 2002. As originally...more

Fisher Phillips

Can Non-Compete Agreements Be Classified As Personal Services Contracts?

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In Symphony Diagnostic Services No 1 Inc. d/b/a MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals tjust addressed an issue that frequently arises in the non-compete context: what happens when a company buys the...more

Franczek P.C.

Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

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The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously...more

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

NLRB Makes a Mess of the Burns Successorship Analysis and Worker Retention Laws

New York City’s Displaced Building Service Workers Protection Act (DBSWPA) is one of numerous local worker retention laws, which apply to various industries in jurisdictions across the country, such as Los Angeles, San...more

Seyfarth Shaw LLP

NLRB Forces Buyers To Become “Successors” Against Their Will

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While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences. In GVS Properties, LLC, 362 NLRB No. 194 (Aug. 27, 2015),...more

Bradley Arant Boult Cummings LLP

It’s All in the Family: Shifting Standards for Joint-Employer Liability

The concept of joint-employer liability is popping up in the news a lot again. This is because the NLRB is taking a more aggressive view on joint-employer standards under the National Labor Relations Act, particularly as to...more

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