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Earlier Test: Lutheran Heritage The Board in Martin Luther Memorial Home, Inc. d/b/a Lutheran Heritage Village-Livonia, 343 NLRB No. 75 (2004) set forth a three-prong test in evaluating work rules. [read post]
2 Aug 2023, 4:30 am by Lawrence Solum
  Here is the abstract: In New York State Rifle & Pistol Association, Inc. v. [read post]
28 Jul 2023, 7:41 am by Dan Bressler
” “Tilray Inc. and its subsidiary High Park Holdings Ltd. accused Patrick Moen on Thursday of violating ethics rules by aiding Docklight Brands Inc. [read post]
10 Jul 2023, 6:47 am by Unknown
The SEC also brought charges against five individuals, including a Massachusetts police chief, in connection with their trading before the announcement of an offer by Alexion Pharmaceuticals Inc. to acquire Portola Pharmaceuticals Inc. [read post]
25 Jun 2023, 5:55 pm by Aaron Moss
In a first-of-its-kind lawsuit, Columbia Pictures claims that a writer’s use of a loan-out company prevents him from terminating the studio’s rights in the film Bad Boys. [read post]
3 May 2023, 4:28 am by Andrew Lavoott Bluestone
., Inc. v Rivkin Raddler LLP, 116 AD3d 631 [1st Dept 2014]; SSA Holdings LLC v Kaplan, 120 A.D.3d 1111 [1st Dept 2014]). [read post]
7 Apr 2023, 3:28 am by Seán Binder
Joshua Kaplan, Justin Elliott, and Alex Mierjeski report for Pro Publica. [read post]
6 Feb 2023, 4:52 am by Andrew Lavoott Bluestone
Co., Inc., 67 NY2d 138, 141; Follors v TI Ozone Park Stor., LLC, 209 AD3d 843). [read post]
18 Jan 2023, 2:58 pm by Daily Record Staff
Think Systems Inc., a national management consulting firm that helps both the private and public sectors achieve organizational excellence, announced today that it has hired Josh Kaplan as vice president of service delivery, senior management consultant. [read post]
21 Dec 2022, 6:18 am by Joshua Fox and Megan Childs
In a 2-1 decision (Members Kaplan and Ring in the Majority, with Member Prouty dissenting), the National Labor Relations Board (“NLRB” or “Board”) revisited its 2020 decision in RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36, reversing the decision in part. [read post]
As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. [read post]
” The dissenting members (Ring and Kaplan) proposed adopting a rebuttable presumption standard, under which an employer’s failure to provide the Johnnie’s Poultry safeguards would be presumed coercive, but the employer would then be provided an opportunity to rebut that presumption by showing, by a preponderance of the evidence, that the questioning was not coercive under the totality of the circumstances. [read post]
  In American Steel Construction, 372 NLRB No. 23, the Board overturned PCC Structurals, Inc., 365 NLRB No. 160 (2017) (“PCC Structurals”) (which had, itself, restored traditional community-of-interest analysis). [read post]
The rationale provided by the Majority in changing decades of case law (Chairman McFerran and Members Wilcox and Prouty, with Members Ring and Kaplan dissenting) was that this standard satisfies the Board’s statutory obligation to provide “meaningful, make-whole relief for losses incurred” as a result of the respondent’s unlawful conduct, and is consistent with the manner in which the Board has previously exercised its remedial authority under the Act. [read post]