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New York Law Journal | Analysis
By David E. Schwartz and Risa M. Salins | April 6, 2018
Labor Relations David E. Schwartz and Risa M. Salins discuss recent significant reversals by the NLRB, including the Board's rulings on joint employer relationships, the standard for determining whether workplace policies applicable to represented and unrepresented employees violate the National Labor Relations Act, an employer's obligation to bargain prior to implementing changes consistent with past practice, and the ability of unions to organize so-called micro-units.
By Erin Mulvaney | April 6, 2018
Nearly 65 percent of workplaces where the average wage is less than $13 an hour also require mandatory arbitration agreements for their employees, according to the Economic Policy Institute report. The U.S. Supreme Court this term is looking at these agreements in action that involves the NLRB and private companies.
By Tony Mauro | April 6, 2018
Douglas Hallward-Driemeier says the Arkansas ruling on lawyer fees was “exceptionally frustrating, because there was no question that we were the prevailing party.”
The Legal Intelligencer | Commentary
By David C. Franceski Jr. and John J. Murphy | April 5, 2018
On March 20, the U.S. Supreme Court in Cyan v. Beaver County Employees Retirement Fund, reaffirmed that because federal and state courts share concurrent jurisdiction over class actions alleging violations of the Securities Act of 1933 (1933 Act), such actions can remain in state court.
By Catherine Wilson | April 5, 2018
The Florida Supreme Court rules a unanimous jury verdict is required to impose the death penalty on the man convicted in the infamous videotaped kidnapping.
New York Law Journal | Analysis
By Christopher Dunn | April 4, 2018
Civil Rights and Civil Liberties columnist Christopher Dunn writes: While it's too early to predict the cases the Supreme Court might see over the 2020 Census, an examination of three of its most recent decisions provides important insights into what types of disputes might come to the court, who can bring those disputes and when, and what types of constitutional and statutory claims the cases may offer.
By Tony Mauro | April 3, 2018
Microsoft's lawyers tell the Supreme Court that email search-warrant case is moot after passage of the new law "CLOUD Act."
By Tony Mauro | April 3, 2018
The Supreme Court's action may have little to do with special master A. Gregory Grimsal himself. The court replaced Grimsal with Senior Judge Michael Melloy of the U.S. Court of Appeals for the Eighth Circuit.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Pamela Dorian | April 3, 2018
In Collins v. Virginia, the Supreme Court will decide whether police need a warrant to search a motor vehicle close to a person's home. The justices will try to balance powerful Fourth Amendment pressures on both sides—the traditionally strong protection of privacy interests at a person's home weighted against the traditionally low protection for privacy interests in automobiles.
By Cheryl Miller | April 2, 2018
"We cannot ignore the safeguards built into the DNA Act," the majority ruling said.
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