In what looks to be the first application of New Process Steel v. NLRB by a court of appeals, on June 23, 2010, the Second Circuit denied the NLRB's petition for enforcement of an order issued by the 2-member Board.
Second Circuit denies NLRB petition in light of New Process Steel v. NLRB
Popular related articles
-
Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
-
Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
-
Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
-
Employer wins “cat's paw” case (Foley & Lardner LLP)
On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.
-
Massachusetts personnel records statute amended to require employers to notify employees when negative information is placed in personnel records (Goodwin Procter LLP)
Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.
-
Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
-
Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
-
Employer wins “cat's paw” case (Foley & Lardner LLP)
On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.
-
Massachusetts personnel records statute amended to require employers to notify employees when negative information is placed in personnel records (Goodwin Procter LLP)
Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.
-
D.C. Circuit decision ratchets up the risk for employers who use location tracking (Littler Mendelson PC)
Employers are increasingly tracking their employees' whereabouts as smartphones, laptops, and vehicles equipped with location-tracing technology become ever more prevalent.
-
Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
-
Boundary dispute over strip of driveway ends up in court (DMH Stallard LLP)
An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently.
-
Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
-
The Court of Appeal provides guidance on the rules on equitable set-off; Geldof Metaalconstructie NV v Simon Carves Ltd (2010) (Mills & Reeve LLP)
Set-off effectively allows one person to deduct from sums he owes to another, amounts that the other person owes to him.
-
Specsavers v ASDA - a real eye-opener? (Herbert Smith LLP)
The High Court has held that one of ASDA's marketing straplines used to promote its in-store optician took unfair advantage of Specsavers' Community Trade Marks (CTM) under Article 9(1)(c) of the CTM Regulation, but rejected its infringement claims made under Article 9(1)(b) and for passing-off.
-
New Massachusetts laws affect employment applications and personnel files (Greenberg Traurig LLP)
Two new bills, signed into law by Massachusetts Governor Deval Patrick in August of 2010, contain important provisions affecting personnel practices for employers doing business in Massachusetts.
-
Full disclosure: new FAR executive compensation and subcontract reporting requirements (Greenberg Traurig LLP)
On July 8, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council issued an interim rule to implement three new reporting obligations for prime contractors (75 Fed. Reg. 39,414) under the Federal Funding Accountability and Transparency Act (FFATA), Public Law 109-282, 31 U.S.C. § 6101.
-
Comparative analysis of local rules regarding formation of private equity funds and management companies in China (Greenberg Traurig LLP)
Against the backdrop of a huge amount of domestic liquidity from both state-owned and non-state enterprises, the launch of the long-awaited Growth Enterprise Market (GEM) in Shenzhen at the end of 2009 and the continued growth of private equity investment activity in China, China's four major cities, Beijing, Shanghai, Shenzhen and Tianjin, continue to compete to become China's hub for the formation of both domestic and foreign-invested equity investment fund enterprises (EIFEs) and equity investment management enterprises (EIMEs) with the promulgation of various local rules and incentive policies for the formation of EIFEs and EIMEs.
-
Oracle case raises important issues for GSA schedule contractors (Greenberg Traurig LLP)
On July 29, 2010, the United States filed a complaint against Oracle Corporation and Oracle America, Inc. (collectively “Oracle”) alleging False Claims Act violations and other theories of common law breach of contract and fraud in connection with Oracle’s Multiple Award Schedule (MAS) contracts with the United States General Services Administration (GSA).
-
New York’s 2010 budget increases tax rates, reduces deductions and defers credits (Greenberg Traurig LLP)
New York's most recent budget — passed 125 days late — raises City income tax rates, reduces charitable deductions for high earners, increases the definition of New York source income for non-residents, requires deferral of credits, and makes certain changes in the sales tax law, among other things.
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.

