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Proskauer Rose LLP | USA | 12 Aug 2015

DC Circuit: NLRB Acting General Counsel Solomon’s tenure violated vacancy statute, unfair labor practice complaint unauthorized

The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New


Baker & Hostetler LLP | USA | 16 Aug 2012

Be careful of the company you keep -- corporate acts lead to executives' exclusions

Purdue Frederick Company's President, Executive Vice President and Chief Legal Officer and Vice President of Medical Affairs, who failed to prevent the company's fraudulent marketing of OxyContin as less addictive than other pain medications, each pleaded guilty in May 2007 to misdemeanor misbranding of a drug under the Food, Drug & Cosmetic Act (FDCA).


Sherman & Howard LLC | USA | 15 May 2012

New NLRB "quickie election" procedures shelved for now... but curb your enthusiasm

The U.S. District Court for the District of Columbia entered an order yesterday, striking down as invalid and unenforceable the National Labor Relations Board’s new procedures for the processing of representation case petitions filed on or after April 30, 2012. Chamber of Commerce v. NLRB, No. 11-cv-2262 (D.D.C. May 14, 2012).


Barnes & Thornburg LLP | USA | 15 May 2012

D.C. District Court invalidates NLRB’s “quickie” election rule due to lack of quorum

Last June, the National Labor Relations Board formally proposed to amend its procedures for resolving disputes about union representation in a Notice of Proposed Rulemaking (NPRM), commonly known as the “quickie” election rule because it would shorten the amount of time between the filing of a representation petition and the election.


Jones Day | USA | 6 Sep 2011

Two amicus briefs filed on behalf of purdue executives in appeal before the D.C. Circuit court

In July 2011, two groups filed friend-of-the-court briefs in support of three former Purdue executives, including a former general counsel, who are appealing their exclusion from federal health care programs by the HHS-OIG.


Reed Smith LLP | USA | 21 Dec 2010

Pharmaceutical executives and in-house counsel beware: U.S. district court affirms exclusion of former purdue executives under "responsible corporate officer" doctrine

On December 13, 2010, the United States District Court for the District of Columbia affirmed the decision of Kathleen Sebelius, Secretary of the Department of Health and Human Services (the "Secretary") excluding three former pharmaceutical executives for twelve years from participation in Medicare, Medicaid, and all other federal health care programs.


Proskauer Rose LLP | USA | 26 Jul 2010

DC Circuit reverses FLRA decision requiring NLRB General Counsel and Board to bargain with combined unit of NLRB employees

In an important institutional decision for the National Labor Relations Board ("NLRB"), the United States Court of Appeals for the District of Columbia Circuit has reversed a decision of the Federal Labor Relations Authority ("FLRA") requiring the NLRB and its General Counsel to bargain with a combined unit of NLRB attorneys, investigators and support staff, which had previously been in separate units.


Seyfarth Shaw LLP | USA | 16 Jul 2009

D.C. Circuit reverses in part NLRB decision regarding e-mail policy

In a unanimous decision issued last week in The Register-Guard v. NLRB, No. 07-1528 (D.C. Cir. July 7, 2009), the United States Court of Appeals for the District of Columbia Circuit has reversed, in part, the National Labor Relations Board’s decision regarding an employer’s e-mail policy.

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