Popular, Corporate Counsel, Administrative Law Judge (ALJ)

Fifth Circuit Panel Says NLRB Judge, Member Removal Protections Likely Unconstitutional

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/21/2025

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings...more

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Supreme Court Deals Latest Setback to Government’s Use of ALJs in Consolidated Axon Enterprise v. FTC and SEC v. Cochran Decision

Morrison & Foerster LLP on 4/20/2023

In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a unanimous decision in Axon Enterprise, Inc....more

Top 5 SEC Enforcement Developments for May 2022

Morrison & Foerster LLP on 6/7/2022

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, with links to primary resources....more

NLRB Invalidates Voluntary Severance Agreements, Orders Reinstatement And Full Back Pay

Jackson Lewis P.C. on 9/10/2018

The National Labor Relations Board has upheld an Administrative Law Judge’s decision to invalidate 11 severance agreements that provided payments to employees laid off shortly after an election in violation of the National...more

New York Appellate Court Delivers Big Win To Gig Economy Business

Littler on 7/9/2018

On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter...more

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

Weintraub Tobin on 5/24/2018

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

SCOTUS Update: Environmental and Administrative Law Cases Decided in 2017

Pillsbury - Gravel2Gavel Construction & Real... on 7/25/2017

The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a...more

Sometimes It’s Not What You Say But How You Say It

Faegre Drinker Biddle & Reath LLP on 6/13/2017

A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say. In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must...more

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

FordHarrison on 3/29/2017

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)...more

The National Labor Relations Board 2016 Year in Review – Whitepaper

McNees Wallace & Nurick LLC on 2/21/2017

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

Troutman Pepper Locke on 10/14/2016

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Top Ten International Anti-Corruption Developments for August 2016

Morrison & Foerster LLP on 9/20/2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on 8/30/2016

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

Mintz - Intellectual Property Viewpoints on 8/29/2016

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

Parker Poe Adams & Bernstein LLP on 8/9/2016

The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Shaw LLP on 7/27/2016

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Eighth Circuit Weighs in On Legality of Class Action Waivers

FordHarrison on 6/17/2016

On June 2, 2016, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit held that an arbitration agreement containing a class action waiver was lawful under the National Labor Relations Act (NLRA). Cellular...more

D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral...

K&L Gates LLP on 4/15/2016

Major financial firms almost never litigate with their regulators. As a result, regulators often take aggressive enforcement positions with little fear of judicial scrutiny. That’s been especially true for the Consumer...more

Who is Merrick Garland and What Does His Nomination Mean for Labor and Employment Law?

Littler on 3/17/2016

A month after U.S. Supreme Court Justice Antonin Scalia’s death, President Obama has appointed Merrick B. Garland to fill the High Court vacancy. Judge Garland currently is Chief Judge for the U.S. Court of Appeals for the...more

In Flannery v. SEC, First Circuit Rebukes Commission, Signals Departure from Deferential Review

Carlton Fields on 2/1/2016

On December 8, 2015, the U.S. Court of Appeals for the First Circuit ruled in Flannery v. SEC that the Securities and Exchange Commission lacked substantial evidence in finding securities law violations by two executives in...more

Federal Circuit Rules Digital Data Transmitted Into The U.S. Is Not An “Article” Within ITC’s Juridiction (Clearcorrect,...

Kelley Drye & Warren LLP on 11/11/2015

Today, a divided three-judge panel of the Federal Circuit (Prost, O’Malley concurring and Newman dissenting) ruled that the U.S. International Trade Commission’s (ITC) authority to provide remedies for unfair acts involving...more

NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

Littler on 6/10/2015

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more

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