NLRB

Today Elon Musk Breaks … Civil Procedure! And Maybe The NLRB!

He crashes into more stuff than a self-driving Tesla.

Free Speech Absolutist Elon Musk Does A Great Impersonation Of An Authoritarian At SpaceX

Savior of the species over here can't take any constructive criticism.

Elon Musk Sustains Commitment To Free Speech By Firing Any Employee That Speaks Against Him

Remember when he lost a popularity vote and said he'd stop Tweeting and leave? If only.

ACLU Threatens To Tear Down Labor Rights For All In Bid To Escape Its Own Workplace Harassment Case

The NLRB is digging into labor violations at the ACLU and the organization is pushing back with a disturbing argument.

The NLRB’s New Employee Handbook Ruling Throws The Gauntlet At The Supreme Court

Are we seeing the setup to overturn the right to record?

The Court’s Decision To Fill In The Facts On Employer’s Behalf Will Further Weaken Unions And Strikes

In case you were curious, the trucks ended up being fine.

Morning Docket: 05.31.23

* When the Supreme Court tried to deflect the heat from Clarence Thomas taking hundreds of thousands of dollars in gifts, the justices signed an ethics pinky swear. Alito breached it within the month. [Slate] * Corporate legal departments are hiring smaller law firms to save money. I swear we wrote this exact same story... the last time there was a whiff of rate hikes only to have everything return to normal in a year. [Corporate Counsel] * Sam Bankman-Fried preparing to blame Fenwick & West for everything. [Fortune] * Texas lawmakers unveil new anti-ESG laws to limit insurance carriers from considering environmental issues. You know... the environmental issues they're being asked to pay for. I'd like to limit life insurers from considering my career as a crocodile wrestler too, but c'est la vie. [Bloomberg Law News] * The family at the center of the opioid crisis can successfully shield themselves from liability because that's what corporations do! [Courthouse News Service] * NLRB goes after non-compete agreements and it's honestly a little shocking that they haven't always been going after non-compete agreements. [Law360] * Chris Christie announcing a presidential run next week. Over/under on the number of times he mentions that he was a prosecutor in his kickoff speech? I'm setting the line at 9. [CNN]

Morning Docket: 03.06.23

* Sam Bankman-Fried allowed to carry flip phone. Cue the Eighth Amendment. Just give him a rotary phone and be done with it. [Reuters] * Former inspector general revisits the Supreme Court's "oops, I mean, we talked to the justices 'about' the investigation but I cannot say that they were part 'of' the investigation" effort, and ruminates on how unbelievably inept this is. [The Atlantic] * George Conway is getting a divorce from Kellyanne confirming that marriage requires more than one person with a foot in reality. [CNN] * Starbucks' labor troubles have gone from venti to cento. [Bloomberg Law News] * Law360 continues to be laser-focused on the former NY Chief Judge Janet DiFiore beat, uncovering seemingly misleading testimony used to justify her multimillion-dollar publicly funded security detail. [Law360] * A collection of crazy law firm merchandise. [LegalCheek]

NLRB General Counsel: College Athletes Are Employees Under The NLRA

The core of Abruzzo's argument focuses on the common law definition of an employee.

Republicans Rediscover ‘Norms’ As Biden Fires Labor Board General Counsel

Don't burn that bridge if you plan to walk across it.

Morning Docket: 08.15.19

* The economy is about to tank and cost 10,000+ lawyers their jobs. Maybe someone should step up and do something about it? [Slate] * Simpson and Skadden are advising WeWork on its IPO. Common sense is advising everyone else against it. [American Lawyer] * Latest Circuit Court nominee is 11 years out of law school, frighteningly making him a model of experience. [National Law Journal] * Recovering from Jeffrey Epstein's estate is going to be a hell of a mess. [New York Law Journal] * The short-sell attack on Burford Capital could spark more regulation... even if the whole thing was bogus. [Law.com] * The idiot in charge of Barstool Sports stumbles into NLRB violation then demands AOC "debate" him. It's not a debate dude. It's a law that you broke. There's not a gray area for contestation. [Variety]

Morning Docket: 04.06.18

* Easing older partners out the door presents all sorts of problems in eat-what-you-kill firms. [American Lawyer] * Doctor saves juror's life during med mal trial. [ABA Journal] * Remember the cyclist who flipped off the Trump motorcade and then got fired from her job at a government contractor? Yeah, she's suing over that BS. [Courthouse News Service] * Do you want fries with that? NLRB's top-notch customer service bends over backward to help McDonald's avoid answering for labor law infractions. [Law360] * South Korea's former president gets 24 years in corruption case. [Reuters] * State supreme court releases its opinion allowing Tarra Simmons to take the bar exam. [Seattle Times] * Legal aid is moving into doctor's offices to help pregnant women fight for their rights. [Slate]

Morning Docket: 11.09.17

* Harvey Weinstein is bringing on famed defense attorney Ben Brafman who is conveniently not representing the New York Times at the moment. [Reuters] * Appellate attorney spoke candidly about the lack of funding for his death penalty appeal, prompting the state quickly remedy the situation to avoid the specter of injustice. Nah, just kidding, they fired the attorney. [Salt Lake Tribune] * Texas judge ordered to take a class on listening. There are probably a few other judges that could use a refresher course on that. [Texas Lawyer] * There's a new GC at the NLRB and he's fired up and ready to begin dismantling the agency and turning a blind eye to the constituents he's supposed to serve. [Law360] * Election day swept some Biglaw lawyers into office. [National Law Journal] * Locke Lord hit with £500,000 over a London partner's "dubious" financial arrangements. [American Lawyer] * Companies continue to delay sweeping information governance changes. But soon they might be unavoidable if clients want to keep discovery costs down. [Legaltech News] * A $30 million lawsuit against Morgan Lewis for alleged conflicts will go forward. [Legal Intelligencer]

Morning Docket: 11.02.17

* The Hamilton Ponzi scheme ends in a guilty plea. Well, he had his shot. [New York Law Journal] * You know who is really worried about the Paul Manafort case? Every lawyer who acts as a lobbyist and thinks, "uh oh... this criminal complaint reads a lot like my billable hour diaries." [National Law Journal] * Charleston School of Law didn't have a very good bar exam. [Post and Courier] * Womble completes its merger with Bond Dickinson. [American Lawyer] * NLRB General Counsel Richard Griffin's term has ended. So gear up for the new Lochner-era! [Law360] * Game-changing litigation moves. Probably not game-changing... game-adjusting. [Litigation Daily]

Morning Docket: 09.19.17

* Baker Botts files SCOTUS brief reminding them what wedding cakes look like. Someday we'll look back on a case designed to create second class citizens and think, "oh right, that's the one where the Supreme Court decided with the help of a picture book." [National Law Journal] * Pepe the Frog's creator is going nuclear with his intellectual property challenges against the Nazi scum who've turned his character into a mascot. [Engadget] * Trader seeks to withdraw guilty plea after government shows him evidence that he probably didn't commit a crime. The more you ponder that sentence, the more troubling it is. [Law 360] * There are more female equity partners than ever, which means still not very many. [Am Law Daily] * BuzzFeed hires Roy Black in the defamation case over the Trump dossier. Specifically, this case is about the allegations in the dossier that Aleksej Gubarev hacked the Democrats, but that's no fun, so let's remember the dossier also talked about Russian pee parties. [Law.com] * A review of the federal government's merits and amicus arguments this Term and it's an aggressive invitation to legislate from the bench. So much for railing against "activist judges"! [Empirical SCOTUS] * Harvard University is hoping Trump's NLRB changes labor law so they can crush unionization efforts on campus. Damn liberal, socialist colleges. [Labor Notes] * Here's one to make some of you feel very old: Toys R Us files for bankruptcy. [Huffington Post]