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Not So Common Sense? Reliance on Common Sense to Establish Obviousness
  • Jones Day
  • USA
  • February 13 2018

In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that “common sense” can be considered in reaching a conclusion


State of the Union Address Provides Hints of Trump Administration Priorities for U.S. Employers
  • Squire Patton Boggs
  • USA
  • February 6 2018

In his first State of the Union Address, President Trump made the case for his first year in office as one of extraordinary legislative and regulatory


Trap! Zap! Zing! And Poof! A Florida Court Applies Escobar and Makes a $347 Million FCA Jury Verdict Disappear
  • Vinson & Elkins LLP
  • USA
  • January 31 2018

On January 11, 2018, a Florida district court vacated a $350 million FCA jury verdict against defendants in U.S. ex rel. Angela Ruckh v. Salus


NLRB Overturns Obama-Era Limitation on Employers' Ability to Implement Changes in Union Workplaces
  • Payne & Fears LLP
  • USA
  • January 26 2018

The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers


Employee Handbooks: The NLRB Pendulum Swings Back Toward Common Sense And Workplace Civility
  • Vorys Sater Seymour and Pease LLP
  • USA
  • January 3 2018

The NLRB has recently brought a measure of common sense back to its review of employer policies, including employee handbooks. Since 2004, as a result


What’s Past is PrologueNLRB Restores the Common Sense Meaning of Past Practice
  • Ogletree Deakins
  • USA
  • December 22 2017

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of


The Board’s Return to Civility and Common Sense Regarding Workplace Rules
  • Seyfarth Shaw LLP
  • USA
  • December 19 2017

Of all the decisions issued in recent years by the previous Board, none was more baffling than those regarding an employer’s required standards of


A Final Bow from Miscimarra Lessens Employer Bargaining Obligations
  • Barnes & Thornburg LLP
  • USA
  • December 19 2017

On the eve of Chairman Philip Miscimarra’s departure, the National Labor Relations Board (NLRB) remained busy. In Raytheon, the board undid another


Get Your Hands Out of My Handbook: Lutheran Heritage Test Eviscerated as One of Miscamarra’s Parting Shots
  • Ogletree Deakins
  • USA
  • December 16 2017

On December 14, 2017, in The Boeing Company, the National Labor Relations Board (NLRB) reversed the 2004 decision in Lutheran Heritage that had


NLRB Changes Course on Work Rules and Joint Employment
  • Steptoe & Johnson LLP
  • USA
  • December 14 2017

Today, the NLRB issued two landmark cases reversing precedent on the Board’s test for work rules and joint employment. In The Boeing Company, 365 NLRB