HOW IS THE NLRB S NEW ELECTION PROCESS AFFECTING CAMPUS ORGANIZING?
|
|
- Jason Reeves
- 5 years ago
- Views:
Transcription
1 HOW IS THE NLRB S NEW ELECTION PROCESS AFFECTING CAMPUS ORGANIZING? Jonathan C. Fritts June 9, Morgan, Lewis & Bockius LLP
2 Agenda Overview of the NLRB s new election process and its implementation Status of pending litigation challenging the NLRB s rulemaking How is the new election process being applied at colleges and universities? 2
3 THE NLRB S NEW ELECTION PROCESS
4 The NLRB Current Members Mark Pearce 8/27/18 Phil Miscimarra 12/16/17 Lauren McFerran 12/16/19 Kent Hirozawa 8/27/16 Harry Johnson 8/27/15 4
5 History of the NLRB s Rulemaking Process 2011 Rulemaking Process: Election rule invalidated by U.S. District Court for the District of Columbia (May 14, 2012) NLRB lacked a quorum to issue the final rule (2-0 vote) Voluntary dismissal of NLRB s appeal to D.C. Circuit (Dec. 2013) 2014 Rulemaking Process: NLRB issued notice of proposed rulemaking (Feb. 6, 2014) Final rule issued on December 15, 2014, effective April 14, 2015 Final rule approved by full Board (3-2 vote) (both Republican Board members dissenting) 5
6 How Quickly Were Elections Held Prior to the New Rules? Poll question: Prior to the new rules, how quickly did NLRB elections occur, on average, after the union filed a petition? a) 56 days b) 42 days c) 38 days 6
7 Stipulated Election Agreements Poll question: Prior to the new rule, what percentage of NLRB elections were held pursuant to an election agreement, rather than a litigated decision? a) 25% b) 50% c) 90% 7
8 How Quickly Can an Election Occur under the New Process? Poll question: Under the NLRB s new process, how quickly can an election occur after the union files an election petition? a) 10 days b) 14 days c) 23 days 8
9 How Quickly Can an Election Occur in a Litigated Case under the New Process? Day 1: Petition filed Day 7: New mandatory position statement filed (by noon) Day 8: Hearing opens and closes Day 11: Transcript arrives at NLRB Regional Office. Day 11: Decision and Direction of Election issued by Regional Office, and Notice of Election is sent Day 13: Excelsior list due Day 14: Notice of Election posted for three days and election can be held if union waives 10 day period to use the Excelsior list Day 23: Earliest election date if union does not waive Excelsior list time 9
10 Changes in the Initial Process Election petition can be filed electronically, including showing of interest New form for the election petition The union is responsible for serving the employer. The NLRB will do so also. New mandatory Notice of Petition must be posted within two days and remain posted until Notice of Election issues Hearing scheduled on the 8 th day after the petition is filed Stricter standard for postponing the hearing 10
11 The New Position Statement Requirement New requirement that a position statement be filed by the employer by noon on the day before the hearing, and served on the union Employer must state whether it agrees that the proposed unit is appropriate. If not, it must give its basis for contention that it is not appropriate. Must identify the issues the employer intends to raise at the hearing. Must suggest day, time, location, and eligibility period for the election. Must provide alphabetized list of names, work locations, shifts, and job classifications of all employees either in the petitioned-for unit or in the unit the employer proposes. Failure to raise an issue in the position statement precludes the employer from litigating the issue at the hearing. 11
12 Pre-Election Hearing Hearing limited to determining whether a question of representation exists and whether the unit is appropriate. NLRB distinguishes between appropriate unit and eligibility to vote. Only the former must be litigated. Regional Director may defer eligibility issues under after the election, especially if disputed employees constitute less than 20% of the unit. Other issues that can be litigated at the hearing: Jurisdiction (including whether the university is a religious institution) Labor organization status Bars to the election Positions on the date, time, and place of election will be solicited at the close of the hearing. But no litigation on these issues. Parties can argue orally, but no post-hearing briefs unless the Regional Director grants permission. 12
13 Decision and Direction of Election Regional Director will wait for transcript normally three days. Election will be scheduled for earliest date practicable. No 25-day waiting period for request for NLRB review of Regional Director s decision. Within two days after issuance of decision, employer must produce alphabetized Excelsior list that includes information previously submitted plus: Home addresses Available personal addresses Available home and personal cell telephone numbers The Union is entitled to use the Excelsior list for 10 days unless it waives that time. 13
14 Election and Post-Election Matters Employer must post Notice of Election for three full working days before the election and distribute it electronically if it communicates with employees that way. At the election, a party can challenge a voter for cause even if that person s eligibility was not contested at the hearing. Objections to election must be accompanied by a written offer of proof. The offer of proof need not be served on the other party. Challenged ballots, if determinative, and objectionable conduct are considered in the same hearing. Post-election requests for NLRB review are discretionary 14
15 Judicial Review of NLRB Decisions in Election Cases Poll question: Are the NLRB s decisions in election cases subject to judicial review? a) Yes b) No 15
16 THE STATUS OF LITIGATION CHALLENGING THE NLRB S NEW ELECTION RULES
17 Challenges to Quickie Election Rules Complaint filed on January 5, 2015 in the U.S. District Court for the District of Columbia Five plaintiffs: Chamber of Commerce, CDW, NAM, NRF, and SHRM Case assigned to Judge Amy Berman Jackson Judge Jackson issued first district court decision on NLRB s 2011 notice-posting regulation and partially upheld the regulation Upheld general right to issue notice-posting regulation Rejected creation of new ULP over failure to post Rejected automatic tolling of statute of limitations 17
18 DC Litigation Timeline Plaintiffs filed their summary judgment motion and supporting brief on February 5, 2015 Briefing now completed: March 6 NLRB opposition/supporting brief filed March 25 Plaintiffs reply/opposition brief filed April 1 NLRB reply brief filed Final rule went into effect on April 14, 2015 since no decision on summary judgment or other court action Hearing held on May 15, 2015 Awaiting decision 18
19 The Baker DC Case Baker DC, LLC v. NLRB filed in DDC on April 17, 2015: Based on actual petition filed and processed under the new rules Assigned to Judge Jackson Consolidated with Chamber case Motion for temporary restraining order denied on April 22,
20 The Texas Case Associated Builders and Contractors of Texas, Inc. v. NLRB (U.S.D.C. W. D. Tx.) Facial challenge to NLRB s election rule Court granted NLRB s motion for summary judgment on June 1 Court found that the facial challenge was ripe based on petitions that had been filed across the country, including the Baker DC case But the Court rejected the plaintiffs challenge to the new election process on the merits 20
21 Appropriate Hearing Arguments The Texas court rejected the argument that the final rule violates Section 9(c)(1) of the NLRA by restricting an employer s ability to litigate issues of voter eligibility and inclusion at the pre-election hearing The final rule draws a distinction between appropriate unit issues and issues of voter eligibility or inclusion The court held that Regional Directors have discretion to permit the litigation of voter eligibility/inclusion issues In a facial challenge, the standard is whether there is no set of circumstances in which the final rule would be valid The court also rejected the argument that the mandatory position statement violates the NLRA 21
22 Privacy Arguments The Texas court rejected the argument that the final rule violates privacy interests through mandatory disclosure of employees personal phone numbers and addresses The court did not believe that disclosure of personal and phone numbers is more invasive than disclosure of home addresses because virtual contact can be readily ignored. Although there is a risk of hacking and identity theft, the court credited the Board s determination that these are risks worth taking in order to enable communication about union organizing through the tools of communication that are prevalent today The court also relied on the final rule s admonition that the parties shall not use this information for purposes other than the representation proceeding, Board proceedings arising from it, and related matters. 22
23 Interference with Speech Arguments Legislative history of the NLRA indicates that Congress believed that there should be a minimum of 30 days before an election, in order to engage in speech related to the election. The court dismissed this legislative history because the text of the statute does not prescribe a minimum 30 day period. The court also found that the Board may react to change, including more efficient methods of communication. Because the Regional Director has discretion in setting the election date under the new process, the court found it virtually impossible to show that the election date violates free speech in the context of a facial challenge. 23
24 Arbitrary and Capricious Argument Agency action is arbitrary and capricious if the agency: 1) Relied on factors that Congress did not intend the agency to consider; 2) Failed to consider an important aspect of the problem; 3) Offered an explanation for its decision that runs counter to the evidence before the agency; or 4) The explanation is so implausible that it cannot be ascribed to a difference in view or the product of agency expertise. 24
25 Arbitrary and Capricious Argument Rejected The Texas court rejected the arbitrary and capricious argument because the court found that: 1) The NLRB properly considered speed as a factor in scheduling elections. 2) The NLRB considered other aspects of the problem of delay in holding elections, such as delays caused by blocking charges. 3) Even if the existing election process was working well, the NLRB can still seek to improve it. 4) The NLRB implemented the new process after an exhaustive and lengthy process, involving presentation of evidence and testimony by numerous parties. 25
26 HOW IS THE NEW PROCESS BEING APPLIED AT COLLEGES AND UNIVERSITIES?
27 Early Case Example Ithaca College, 03-RC Petition filed by SEIU Local 200 on April 15, 2015 Part-time faculty unit Stipulated election agreement entered on April 22, 2015 Mail ballot election began on May 11, 2015 Ballots counted on May 28,
28 Takeaways Be prepared for quick elections and campaigns (4 weeks or less) Make sure the NLRB knows where to send a petition if filed Be prepared to submit a position statement and employee information promptly Identify potential categories of employees who may be in dispute and be prepared to litigate those issues If denied the ability to litigate certain issues, preserve those issues for court review (through position statement and offers of proof at hearing) 28
29 THANK YOU This material is provided as a general informational service to clients and friends of Morgan, Lewis & Bockius LLP. It does not constitute, and should not be construed as, legal advice on any specific matter, nor does it create an attorney-client relationship. You should not act or refrain from acting on the basis of this information. This material may be considered Attorney Advertising in some states. Any prior results discussed in the material do not guarantee similar outcomes. Links provided from outside sources are subject to expiration or change Morgan, Lewis & Bockius LLP. All Rights Reserved. 29
30 ASIA Almaty Astana Beijing Singapore Tokyo EUROPE Brussels Frankfurt London Moscow Paris MIDDLE EAST Dubai NORTH AMERICA Boston Chicago Dallas Harrisburg Hartford Houston Los Angeles Miami New York Orange County Philadelphia Pittsburgh Princeton San Francisco Santa Monica Silicon Valley Washington, DC Wilmington 30
31 How Is the NLRB s New Election Process Affecting Campus Organizing? Sponsored by Thank you for attending! June 09, 2015
MOVING EMPLOYEES GLOBALLY:
MANAGING THE GLOBAL WORKFORCE WEBINAR SERIES MOVING EMPLOYEES GLOBALLY: STRATEGIES FOR NAVIGATING COMMON CHALLENGES Nicholas Hobson Rebecca Kelly K. Lesli Ligorner Eleanor Pelta June 6, 2018 2018 Morgan,
More informationM&A REGULATORY DEVELOPMENTS AT FERC 2016 ANNUAL REVIEW. Mark C. Williams J. Daniel Skees Heather L. Feingold December 15, 2016
M&A REGULATORY DEVELOPMENTS AT FERC 2016 ANNUAL REVIEW Mark C. Williams J. Daniel Skees Heather L. Feingold December 15, 2016 2015 Morgan, Lewis & Bockius LLP Business Background M&A, Divestiture, Reorganizations,
More informationCLIENT BULLETIN. NLRB ISSUES FINAL RULE ON QUICKIE ELECTIONS : What Employers Can Expect, and How to Prepare. Atlanta. Asheville. Austin.
Atlanta Asheville Austin Birmingham Boston Chicago Columbia Dallas Fairfax Greenville Jacksonville Kansas City Lakeland Los Angeles County Macon Madison Nashville Opelika Port St. Lucie Princeton St. Louis
More informationHIPAA Privacy Compliance Initiative: Final Rules Impact Employer Health Plans
HIPAA Privacy Compliance Initiative: Final Rules Impact Employer Health Plans www.morganlewis.com Presenters: Sage Fattahian Lauren Licastro Georgina O Hara Date: February 8, 2013 Time: 12:30-1:30 p.m.
More informationLittler s Workplace Policy Institute. NLRB Ambush Election Rule: The Practical Impact on Employers
Littler's Workplace Policy Institute NLRB Ambush Election Rule: The Practical Impact on Employers March 24, 2014 Presented by Maury Baskin, Michael J. Lotito, Ilyse W. Schuman Littler s Workplace Policy
More informationMOVING EMPLOYEES GLOBALLY
MOVING EMPLOYEES GLOBALLY September 27, 2016 2016 Morgan, Lewis & Bockius LLP Presenters Bart Bassett Silicon Valley Tracy Evlogidis London Matthew Howse London Humberto Padilla Gonzalez Houston Eleanor
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:11-cv-02262 Document 1 Filed 12/20/11 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CHAMBER OF COMMERCE OF THE ) UNITED STATES OF AMERICA, and ) ) COALITION FOR
More informationThe Mount Everest of Regulations Examining the NLRB s New Quickie Election Rules
The Mount Everest of Regulations Examining the NLRB s New Quickie Election Rules Derek G. Barella William G. Miossi Joseph J. Torres Winston & Strawn LLP December 19, 2014 Today s elunch Presenters Derek
More informationGregory S. Gyarmati. Human Resources Director Dover Downs Hotel & Casino and Dover International Speedway
Gregory S. Gyarmati Human Resources Director Dover Downs Hotel & Casino and Dover International Speedway Overview of the new NLRB rulings Best practice tips on how to remain union free LEAD [SIMPLY] TM
More informationDecember 15, Dear Justice Singh: VIA ECF LITIGATION
1095 Avenue of the Americas New York, NY 10036-6797 +1 212 698 3500 Main +1 212 698 3599 Fax www.dechert.com JAMES M. MCGUIRE December 15, 2013 james.mcguire@dechert.com +1 212 698 3658 Direct +1 212 698
More informationObama Administration and the NLRB
Obama Administration and the NLRB Brought to you by Winston & Strawn's Labor and Employment Relations Practice Group 2013 Winston & Strawn LLP Today's elunch Presenters Derek Barella Labor and Employment
More informationStatus Quo at the PTAB for Now: Supreme Court Makes No Change to IPR; Judicial Review and Claim Construction Standard Remain the Same
Status Quo at the PTAB for Now: Supreme Court Makes No Change to IPR; Judicial Review and Claim Construction Standard Remain the Same CLIENT ALERT June 30, 2016 Maia H. Harris harrism@pepperlaw.com Frank
More informationDelaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for Stock Corporations
4 January 2017 Practice Group(s): Corporate/M&A Delaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for By Lisa R. Stark and Taylor B. Bartholomew In Solak v. Sarowitz, C.A. No. 12299-CB
More informationBEGINNING A DEAL: NONDISCLOSURE AGREEMENTS AND LETTERS OF INTENT
BEGINNING A DEAL: NONDISCLOSURE AGREEMENTS AND LETTERS OF INTENT Robert Dickey October 17, 2017 2016 Morgan, Lewis & Bockius LLP Topics Covered Initial Considerations Contents of a Confidentiality Agreement
More informationNLRB ISSUES FINAL RULE ON UNION ELECTION PROCEDURES
WASHINGTON, DC NLRB ISSUES FINAL RULE ON UNION ELECTION PROCEDURES On December 22, 2011, the National Labor Relations Board (the Board or NLRB ) issued a final rule ( Final Rule ) amending the procedures
More informationLatham & Watkins Environment, Land & Resources Department
Number 1090 October 13, 2010 Client Alert Latham & Watkins Environment, Land & Resources Department Recent Legislative Changes Affecting Pending and Future Projects Under CEQA This legislation is intended
More informationPharmaceutical Pay for Delay Settlements
Pharmaceutical Pay for Delay Settlements UCIP Seminar 12 November 2012 www.morganlewis.com Outline Background Goals of the Hatch-Waxman Act Price Effects of Generic Entry Pay-for-Delay Patent Settlements
More informationDelaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code
Latham & Watkins Number 1467 February 13, 2013 Finance Department Delaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code Josef S. Athanas, Caroline
More informationIs Inter Partes Review Set for Supreme Court Review?
October 16, 2015 Practice Groups: Patent Office Litigation IP Procurement and Portfolio Managemnet IP Litigation Is Inter Partes Review Set for Supreme Court Review? By Mark G. Knedeisen and Mark R. Leslie
More informationSecurity of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws
1 April 2015 Practice Group(s): Energy & Infrastructure Projects and Transactions Real Estate Restructuring and Insolvency Security of Payment Legislation and Set-Off Under Commonwealth Australia Energy,
More informationFebruary 6, Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation
February 6, 2013 Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument
More informationCase 1:18-cr DLF Document 7-1 Filed 05/04/18 Page 1 of 6 ATTACHMENT A
Case 1:18-cr-00032-DLF Document 7-1 Filed 05/04/18 Page 1 of 6 ATTACHMENT A Case 1:18-cr-00032-DLF Document 7-1 Filed 05/04/18 Page 2 of 6 Eric A. Dubelier Direct Phone: +1 202 414 9291 Email: edubelier@reedsmith.com
More informationRecent Developments Under National Labor Relations Act
Recent Developments Under National Labor Relations Act Rod Tanner Tanner and Associates, PC 28th Annual Labor and Employment Law Institute August 25-26, 2017 San Antonio, Texas National Labor Relations
More informationJanuary
THE SUPREME COURT OF CALIFORNIA REAFFIRMS THE ECONOMIC LOSS DOCTRINE, DECLINES TO IMPOSE TORT LIABILITY ON DEVELOPERS AND CONTRACTORS FOR NEGLIGENCE IN THE ABSENCE OF PROPERTY DAMAGE OR PERSONAL INJURY
More informationThe NLRB s General Counsel Issues Guidance on the New Accelerated Election Rules. By Michael J. Lotito and Missy Parry
The NLRB s General Counsel Issues Guidance on the New Accelerated Election Rules By Michael J. Lotito and Missy Parry On April 14, 2015, the National Labor Relations Board s controversial quickie election
More informationHOT TOPICS IN M&A PUBLIC COMPANY LITIGATION
HOT TOPICS IN M&A PUBLIC COMPANY LITIGATION Michael D. Blanchard Brian A. Herman February 13, 2018 2018 Morgan, Lewis & Bockius LLP The Traditional Path of M&A Cases The Plaintiffs Deal Tax and Defendants
More informationZubulake Judge Defines Discovery Duties and Spoliation Negligence Standards. January 29, 2010
Zubulake Judge Defines Discovery Duties and Spoliation Negligence Standards January 29, 2010 In an amended order subheaded Zubulake Revisited: Six Years Later, Judge Shira A. Scheindlin (SDNY), author
More informationBackground. 21 August Practice Group: Public Policy and Law. By Raymond P. Pepe
21 August 2014 Practice Group: Public Policy and Law Permanent Injunction of Pennsylvania s Prohibition against Establishment of Political Committees to Receive Contributions of Corporate and Labor Union
More informationThe Telephone Consumer Protection Act Overview
The Telephone Consumer Protection Act Overview October 26, 2015 CLIENT ALERT November 23, 2015 Richard P. Eckman eckmanr@pepperlaw.com Timothy R. McTaggart mctaggartt@pepperlaw.com Philip (PJ) Hoffman
More informationWal-Mart v. Dukes What s Next for Employment Class/Collective Actions
Wal-Mart v. Dukes What s Next for Employment Class/Collective Actions Grace Speights Michael Burkhardt Paul Evans www.morganlewis.com Wal-Mart Stores, Inc. v. Dukes, --- S. Ct. ---, 2011 WL 2437013 (June
More informationLatham & Watkins Finance Department
Number 1147 February 17, 2011 Client Alert Latham & Watkins Finance Department The Settlement does not affirm or overturn Judge Peck s controversial decision in the US Litigation barring enforcement of
More informationPurpose of Mandatory Fee Arbitration
Purpose of Mandatory Fee Arbitration The purpose of the San Gabriel Valley Lawyer Referral Service Mandatory Fee Arbitration Program is to resolve fee disputes between clients and attorneys. Clients and
More informationARB Ruling Takes Broad View of Scope of Protected Activity Under SOX. June 6, 2011
ARB Ruling Takes Broad View of Scope of Protected Activity Under SOX June 6, 2011 In the latest sign that the Department of Labor (DOL) is taking a harder line against employers defending whistleblower
More informationARBITRATION IS BACK ON THE DOCKET: THE SUPREME COURT TO REVIEW THE ENFORCEABILITY OF CLASS-ACTION WAIVERS IN EMPLOYMENT ARBITRATION AGREEMENTS
27 January 2017 Practice Groups: Financial Institutions and Services Litigation Labor, Employment and Workplace Safety THE SUPREME COURT TO REVIEW THE ENFORCEABILITY OF CLASS-ACTION WAIVERS IN EMPLOYMENT
More informationLatham & Watkins Finance Department
Number 1025 May 13, 2010 Client Alert Latham & Watkins Finance Department Pending a decision on BNY s appeal, structured transaction and derivative lawyers should carefully consider the drafting of current
More informationMIP International Patent Forum 2013 Russia Focus
MIP International Patent Forum 2013 Russia Focus Natalia Gulyaeva, Partner Head of IP, Media & Technology, Hogan Lovells CIS 16 April 2013 Patents as a key to business expansion: produced in Russia Russian
More informationPatent Litigation in China & Amicus Curiae in the U.S. William (Skip) Fisher Partner, Shanghai. EPLAW Congress, 22 November 2013
Patent Litigation in China & Amicus Curiae in the U.S. William (Skip) Fisher Partner, Shanghai EPLAW Congress, 22 November 2013 What I will cover Considerations for patent litigation in China Anatomy of
More informationThe Eyes of Texas are upon a Subsurface Trespass Case
January 13, 2014 Practice Group: Oil and Gas Environmental, Land and Natural Resources Energy, Infrastructure and Resources The Eyes of Texas are upon a Subsurface Trespass Case By John F. Sullivan, Anthony
More informationLitigation Strategies in Europe MIP Global IP & Innovation Summit
Litigation Strategies in Europe MIP Global IP & Innovation Summit Paul Brown, Partner, London 4 September 2013 What will this talk cover? What factors does a litigant need to consider when litigating patents
More informationFebruary 22, Case No , D.R. Horton, Inc. v. NLRB, Letter Brief of Petitioner/Cross-Respondent D.R. Horton, Inc.
Case: 12-60031 Document: 00512153626 Page: 1 Date Filed: 02/22/2013 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys at Law Preston Commons West 8117 Preston Road, Suite 500 Dallas, TX 75225 Telephone:
More informationDefendants Look for Broader Interpretation of Halliburton II
Defendants Look for Broader Interpretation of Halliburton II June 7, 2016 Robert L. Hickok hickokr@pepperlaw.com Gay Parks Rainville rainvilleg@pepperlaw.com Reprinted with permission from the June 7,
More informationThe NLRB Brings Change to Healthcare Employers
The NLRB Brings Change to Healthcare Employers Will Landmark Board Action Reinvigorate Union Organization Efforts? Introduction The Obama Administration initially experienced difficulties translating its
More informationClient Alert. Revisiting Venue: Patriot Coal and the Interest of Justice. Background
Number 1447 January 2, 2013 Client Alert Latham & Watkins Finance Department Revisiting Venue: Patriot Coal and the Interest of Justice Steps taken by parties on the eve of filing for bankruptcy are likely
More informationNIH Revises Rules Governing Inventions Developed Under Bayh-Dole Act
NIH Revises Rules Governing Inventions Developed Under Bayh-Dole Act ALERT March 7, 2019 Hilary S. Cairnie cairnieh@pepperlaw.com N. Nicole Stakleff stakleffn@pepperlaw.com The National Institutes of Health
More informationClient Alert. Background on Discovery Requests under Section 1782
Number 1383 August 13, 2012 Client Alert Latham & Watkins Litigation Department Eleventh Circuit Holds That Parties to Private International Commercial Arbitral Tribunals May Seek Discovery Assistance
More informationThe New UK Regime on Bribery: An Introduction
The New UK Regime on Bribery: An Introduction May 2010 Introduction A fundamental change in the UK law on bribery will occur later this year, when the Bribery Act 2010 (the Act) is expected to come into
More informationVenture-Ready Entrepreneur Workshop: Keeping Foreign Entrepreneurs (and Their Startups) in the United States. Overview
together Venture-Ready Entrepreneur Workshop: Keeping Foreign Entrepreneurs (and Their Startups) in the United States www.morganlewis.com Presenters: Jeff Bodle jbodle@morganlewis.com Eleanor Pelta epelta@morganlewis.com
More informationLatham & Watkins Health Care Practice
Number 878 June 8, 2009 Client Alert Latham & Watkins Health Care Practice This initiative represents a continuation and expansion of interagency efforts begun more than two years ago and illustrates an
More informationLaw Introducing Rules for Localization of Personal Data of Russian Citizens
Law Introducing Rules for Localization of Personal Data of Russian Citizens Natalia Gulyaeva Partner, Head of IPMT practice for Russia/CIS Moscow Bret Cohen Associate, Privacy & Information Management
More informationAdapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania s Environmental Laws
October 11, 2013 Practice Groups: Oil and Gas Environmental, Land and Natural Resources Energy Adapting to a New Era of Strict Criminal Liability Enforcement under Pennsylvania s Environmental Laws By
More informationLatham & Watkins Litigation Department
Number 1391 September 12, 2012 Client Alert Latham & Watkins Litigation Department Federal Circuit Holds that Liability for Induced Infringement Requires Infringement of a Patent, But No Single Entity
More informationCase3:12-mc CRB Document88 Filed10/04/13 Page1 of 5. October 4, Chevron v. Donziger, 12-mc CRB (NC) Motion to Compel
Case3:12-mc-80237-CRB Document88 Filed10/04/13 Page1 of 5 555 CALIFORNIA STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE: +1.415.626.3939 FACSIMILE: +1.415.875.5700 VIA ECF United States District
More informationFreedom of Information Act Request: Mobile Biometric Devices and Applications
51 LOUISIANA AVENUE, N.W. WASHINGTON, D.C. 20001.2113 TELEPHONE: +1.202.879.3939 FACSIMILE: +1.202.626.1700 Direct Number: (202) 879-3437 smlevine@jonesday.com VIA E-MAIL: ICE-FOIA@DHS.GOV U.S. Immigration
More informationHospital of Barstow, Inc. d/b/a Barstow Community Hospital and California Nurses Association/National
NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington,
More information2017 REGULATORY TRENDS:
2017 REGULATORY TRENDS: ELECTRIC ENERGY, OIL, AND NATURAL GAS Timothy P. Lynch, Ronald J. Tenpas, Kenneth M. Kulak, Levi McAllister February 28, 2017 2016 Morgan, Lewis & Bockius LLP ENERGY ISSUES AND
More informationCalifornia Consumer Privacy Act: European-Style Privacy With a California Enforcement Twist
California Consumer Privacy Act: European-Style Privacy With a California Enforcement Twist CLIENT ALERT July 10, 2018 Sharon R. Klein kleins@pepperlaw.com Alex C. Nisenbaum nisenbauma@pepperlaw.com Taylor
More informationFact or Fiction? U.S. Government Surveillance in a Post-Snowden World
Fact or Fiction? U.S. Government Surveillance in a Post-Snowden World Bret Cohen Hogan Lovells US LLP September 18, 2014 The Snowden effect 2 U.S. cloud perception post-snowden July 2013 survey of non-u.s.
More informationWhat s New U.S. Constitutional Law Developments
What s New U.S. Constitutional Law Developments Marc Sorini AIDV Conference 2018 October 2, 2018 www.mwe.com Boston Brussels Chicago Dallas Düsseldorf Frankfurt Houston London Los Angeles Miami Milan Munich
More information340B Update: HRSA Finalizes 340B Pricing & Penalties for Drug Manufacturers
18 January 2017 Practice Group: Health Care 340B Update: HRSA Finalizes 340B Pricing & Penalties for Drug Manufacturers By Richard P. Church, Michael H. Hinckle, Ryan J. Severson On January 5, 2017, the
More informationUNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA NATIONAL ASSOCIATION OF ) MANUFACTURERS ) 1331 Pennsylvania Ave., Suite 600 ) Washington, D.C. 20004-1790 ) ) and ) ) COALITION FOR A DEMOCRATIC ) WORKPLACE
More informationBlocking Charges * * * * * * Robert S. Giolito and David A. Kadela. P&P Committee Puerto Rico 2018
Blocking Charges * * * * * * Robert S. Giolito and David A. Kadela P&P Committee Puerto Rico 2018 Presented By Robert S. Giolito Law Office of Robert S. Giolito, P.C. Los Angeles, CA [e-mail] David A.
More informationChallenging Government decisions in the UK. An introduction to judicial review
Challenging Government decisions in the UK An introduction to judicial review Challenging Government decisions in the UK Further information If you would like further information on any aspect of challenging
More informationU.S. Supreme Court Holds American Pipe Does Not Permit Repeat Filing of Class Claims After Limitations Period
Corporate and Securities Litigation JUNE 13, 2018 For more information, contact: Michael R. Smith +1 404 572 4824 mrsmith@kslaw.com B. Warren Pope +1 404 572 4897 wpope@kslaw.com Benjamin Lee +1 404 572
More informationLatham & Watkins Corporate Department. The Lessons of Slayton v. American Express for Forward-Looking Statements
Number 1044 June 10, 2010 Client Alert Latham & Watkins Corporate Department Second Circuit Wades Into the PSLRA Safe Harbor The Lessons of Slayton v. American Express for Forward-Looking Statements Specific,
More information2:11-cv PMD Date Filed 09/19/11 Entry Number 1 Page 1 of 18 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION
2:11-cv-02516-PMD Date Filed 09/19/11 Entry Number 1 Page 1 of 18 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA and SOUTH
More informationClient Alert. Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy
Number 1438 December 12, 2012 Client Alert Latham & Watkins Finance Department Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy Recent bankruptcy appellate rulings have
More informationThe 100-Day Program at the ITC
The 100-Day Program at the ITC TECHNOLOGY August 9, 2016 Tuhin Ganguly gangulyt@pepperlaw.com David J. Shaw shawd@pepperlaw.com IN LIGHT OF AUDIO PROCESSING HARDWARE, IT IS NOW CLEAR THAT, WITH RESPECT
More informationLatham & Watkins Litigation Department Securities Litigation and Professional Liability Practice
Number 1312 April 4, 2012 Client Alert While the Second Circuit s formulation answers some questions about what transactions fall within the scope of Section 10(b), it also raises a host of new questions
More informationFrom the Front Lines of the American Workplace-- An Update on Recent Decisions and the New "Ambush" Election Rules From
1 From the Front Lines of the American Workplace-- An Update on Recent Decisions and the New "Ambush" Election Rules From the National Labor Relations Board April 21, 2015 Michael S. Pepperman, Esq. Obermayer
More informationThe 2005 Class Action Fairness Act: What It Does, What It Doesn t Do, And What It Means For The Future
Class Action Litigation The 2005 Class Action Fairness Act: What It Does, What It Doesn t Do, And What It Means For The Future On February 18, 2005, President Bush signed into law the Class Action Fairness
More informationAIPLA Overview of recent developments in Community trade mark law
AIPLA Overview of recent developments in Community trade mark law Marie-Aimée de Dampierre, Partner 2 May 2013 IPMT / Paris Overview Trade mark registration general principles Earlier rights Distinctiveness
More informationLatham & Watkins Litigation Department
Number 866 May 14, 2009 Client Alert Latham & Watkins Litigation Department The Third Circuit Clarifies the Class Action Fairness Act s Local Controversy Exception to Federal Jurisdiction In addressing
More informationWorking Through an Action-Packed Year: Top Ten Labor Law Developments for Employers to Watch and Manage in 2011
Working Through an Action-Packed Year: Top Ten Labor Law Developments for Employers to Watch and Manage in 2011 Apr 01, 2011 Top Ten By Gregg Formella, Senior Attorney, American Airlines, Inc. Thomas J.
More informationLatham & Watkins Litigation and Finance Departments. Supreme Court Limits Reach of Non-Article III Courts Jurisdiction
Number 1210 July 5, 2011 Client Alert Latham & Watkins Litigation and Finance Departments Supreme Court Limits Reach of Non-Article III Courts Jurisdiction Under Article III, the judicial power of the
More informationDesign Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England
May 2016 Practice Group: Real Estate Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England By Sandra Steele, Belinda Montgomery and Julia Kingston
More informationMarch 6, 2017 INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS DISTRICT LODGE 751, LOCAL LODGE E MISSION AVE SPOKANE, WA
UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD REGION 19 Agency Website: www.nlrb.gov Download 915 2nd Ave Ste 2948 Telephone: (206)220-6300 NLRB Seattle, WA 98174-1006 Fax: (206)220-6305 Mobile
More informationNational Labor Relations Board
National Labor Relations Board Submission of Professor Martin H. Malin and Professor Jon M. Werner in response to the National Labor Relations Board s Request for Information Regarding Representation Election
More informationRisk and Return. Foreign Direct Investment and the Rule of Law. Briefing Note
Risk and Return Foreign Direct Investment and the Rule of Law Briefing Note Risk and Return Foreign Direct Investment and the Rule of Law 3 Briefing Note Background and objectives The Economist Intelligence
More informationABA SECTION OF LABOR & EMPLOYMENT LAW CLE CONFERENCE INTRODUCTION TO THE LAW AND PRACTICE BEFORE THE NATIONAL LABOR RELATIONS BOARD.
ABA SECTION OF LABOR & EMPLOYMENT LAW CLE CONFERENCE INTRODUCTION TO THE LAW AND PRACTICE BEFORE THE NATIONAL LABOR RELATIONS BOARD November 5, 2009 NLRB REPRESENTATION CASE PROCEDURES H. Victoria Hedian
More informationCORPORATE GOVERNANCE ALERT
January 27, 2006 CORPORATE GOVERNANCE ALERT HOT TOPIC FOR 2006 PROXY SEASON: MAJORITY VOTING IN DIRECTOR ELECTIONS Majority voting for directors has become a focus of institutional shareholders and is
More informationState-By-State Chart of Citations
State-By-State Chart of Citations Law Forum Statute Text AZ Yes Yes (A.) The following are against this state s public policy and are void and unenforceable: (1.) A provision, covenant, clause or understanding
More informationJune s Notable Cases and Events in E-Discovery
JUNE 22, 2016 SIDLEY UPDATE June s Notable Cases and Events in E-Discovery This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues: 1. A Southern
More informationDepartment of Labor Relations TABLE OF CONTENTS. Connecticut State Labor Relations Act. Article I. Description of Organization and Definitions
Relations TABLE OF CONTENTS Connecticut State Labor Relations Act Article I Description of Organization and Definitions Creation and authority....................... 31-101- 1 Functions.................................
More informationM&A ACADEMY. The Ever-Changing Nature of Public Company Litigation. Michael D. Blanchard and Brian A. Herman January 15, 2019
M&A ACADEMY The Ever-Changing Nature of Public Company Litigation Michael D. Blanchard and Brian A. Herman January 15, 2019 2019 Morgan, Lewis & Bockius LLP The Traditional Path of M&A Cases Plaintiffs
More informationProtecting Privileged Communications of In-house Counsel, Post-Halo
Protecting Privileged Communications of In-house Counsel, Post-Halo Presented to Date: January 10, 2018 2018 Kilpatrick Townsend Outline 1. A hypothetical 2. Refresh on the law: Willful infringement for
More informationState and Local Tax ADVISORY
State and Local Tax ADVISORY September 14, 2011 Third Circuit Hears s Challenging New Jersey Gift Card Law On September 12, 2011, the Third Circuit United States Court of Appeals in Philadelphia heard
More informationEEA and Swiss national. Children and their rights to British citizenship
EEA and Swiss national Children and their rights to British citizenship April 2019 Please note: The information set out here does not cover all the circumstances in which a child born to a European Economic
More informationKIRKLAND & ELLIS LLP
Sponsored by Statistical data supplied by KIRKLAND & ELLIS LLP United States Intellectual property litigation and the ITC This article first appeared in IP Value 2004, Building and enforcing intellectual
More informationCase 1:18-cr DLF Document 7 Filed 05/04/18 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:18-cr-00032-DLF Document 7 Filed 05/04/18 Page 1 of 5 UNITED STATES OF AMERICA v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INTERNET RESEARCH AGENCY, ET AL., Crim. No. 18-cr-32 (DLF)
More informationAppeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption
31 January 2017 Practice Groups: Antitrust and Trade Regulation Maritime Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act By John Longstreth, Michael Scanlon, and Allen Bachman In August
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JONES DAY, ) Case No.: 08CV4572 a General Partnership, ) ) Judge John Darrah Plaintiff, ) ) v. ) ) BlockShopper
More informationFILED: NEW YORK COUNTY CLERK 11/17/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/17/2017 ATTACHMENT 4
ATTACHMENT 4 Joshua G. Hamilton Direct Dial: + 1.424.653.5509 joshua.hamilton@lw.com 355 South Grand Avenue, Suite 100 Los Angeles, California 90071-1560 Tel: +1.213.485.1234 Fax: +1.213.891.8763 www.lw.com
More informationIf you were sent facsimile advertisements from TOMY, you could get a payment from a class action settlement.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA If you were sent facsimile advertisements from TOMY, you could get a payment from a class action settlement. A federal court authorized this
More information2017 Jackson Lewis P.C. 1
2017 Jackson Lewis P.C. 1 Your Guide To The New NLRB Richard F. Vitarelli, Esq. Jackson Lewis P.C. Hartford Richard.Vitarelli@jacksonlewis.com 860-522-0404 2017 Jackson Lewis P.C. 2 Key Topics Addressed
More informationUSDA Rulemaking Petition
USDA Rulemaking Petition Sound Horse Conference 2010 Joyce M. Wang Latham & Watkins LLP Latham & Watkins operates as a limited liability partnership worldwide with affiliated limited liability partnerships
More informationClient Alert. California Supreme Court: Gentry is Gone. PAGA Lives On.
Client Alert Employment July 8, 2014 California Supreme Court: Gentry is Gone. PAGA Lives On. By Paula M. Weber, Ellen Connelly Cohen and Erica N. Turcios Compelled by U.S. Supreme Court precedent advancing
More informationDepository Financial Institution Liability: Tough Lessons Learned About Fraudulent Electronic Funds Transfers
Depository Financial Institution Liability: Tough Lessons Learned About Fraudulent Electronic Funds Transfers ALERT January 9, 2019 A. Michael Pratt prattam@pepperlaw.com A federal district court in the
More informationDamages United Kingdom perspective
Damages United Kingdom perspective Laura Whiting Young EPLAW Congress Brussels - 28 April 2014 Statutory basis Patents Act 1977, s 61(1) " civil proceedings may be brought in the court by the proprietor
More informationGrasping for a Hold on Ascertainability : The Implicit Requirement for Class Certification and its Evolving Application
26 August 2015 Practice Groups: Financial Institutions and Services Litigation Commercial Disputes Consumer Financial Services Class Action Defense Global Government Solutions Grasping for a Hold on Ascertainability
More informationCase 1:15-cv ABJ Document 17 Filed 02/05/15 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:15-cv-00009-ABJ Document 17 Filed 02/05/15 Page 1 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) CHAMBER OF COMMERCE OF THE ) UNITED STATES OF AMERICA, et al., ) ) Case
More information