A recent National Labor Relations Board decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the NLRB held that the National
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Two recent decisions by Ohio appellate courts caution counsel against undue reliance upon health emergencies to delay trials
The COVID-19 pandemic introduced some new flexibility into the traditionally rigid legal workplace. For those working in downtown offices, the traffic on the daily commute was certainly better. And remote work options allowed counsel to take depositions from the comfort…
NLRB targets confidentiality provisions in severance agreements
In a decision issued Feb. 21, 2023, the National Labor Relations Board (NLRB) set a new precedent regarding confidentiality provisions. The McLaren Macomb case involved furloughed employees that were offered a severance agreement containing non-disparagement language that prohibited them from…
Recent Google sanctions should prompt review of data preservation practices
A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. The court found this…
Defense to temporary total disability compensation for Ohio employers may be limited
The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee.…
Thinking about appellate strategy with Michael Hendershot, Ohio Solicitor General’s Office
We’ve had conversations with judges, but for this installment, I will be discussing appellate strategy with Michael Hendershot, Deputy Solicitor General at the Ohio Solicitor General’s Office. Michael has served as a law clerk for on the Fifth…
U.S. Supreme Court agrees to resolve Dupree circuit split
Imagine that your client has been sued for damages in federal court. In a motion for summary judgment, you assert what you believe to be a valid and compelling legal defense, such as the plaintiff’s failure to exhaust administrative remedies.…
FTC issues HSR revisions… with a surprise
On Jan. 23, 2023, the FTC announced annual changes to notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act and certain other values under HSR rules. But this time, the annual changes include a radically different tier structure with…
Biden State of the Union signals measured approach on non-compete ban
The legal and mainstream media is still abuzz following the Federal Trade Commission’s Jan. 5, 2023, Notice of Proposed Rulemaking that would ban all employee non-compete agreements nationwide. And earlier this month, a bipartisan Senate bill was introduced (the…
Philadelphia Eagles lose workers’ comp appeal before Super Bowl
Not only did the Philadelphia Eagles lose Super Bowl LVII, earlier this month the Eagles lost their multiyear effort to oppose former player Emmanuel Acho’s application for a workers’ compensation claim.…