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New Process Steel – The Supreme Court Sends The NLRB Back To The Drawing Board

Client Alert | 1 min read | 06.17.10

The Supreme Court invalidated today almost 600 decisions issued by the two members of the National Labor Relations Board (NLRB) who served for a 27-month period beginning in December, 2007. The Court, in a 5-4 opinion, ruled that the two member panel did not constitute a "quorum" authorized to decide cases under Section 3(b) of the National Labor Relations Act. Section 3(b) is the statutory provision that sets forth the familiar three member panel quorum provisions used by the NLRB in deciding cases. The majority opinion was authored by Justice Stevens, and joined by Chief Justice Roberts, and Associate Justices Scalia, Thomas and Alito. Justice Kennedy, joined by Justices Ginsburg, Breyer and Sotomayer, dissented, agreeing with the government's proposed reading of the statutory provision.

The practical effect of New Process Steel will be significant. The NLRB now has four members, as a result of two recess appointments made by President Obama in March of this year. Those appointments, which include Craig Becker, a former lawyer for the SEIU and the AFL-CIO, are widely expected to change the ideological make-up of the NLRB. The almost 600 decisions vacated by the Court's decision in New Process Steel are now fair game for reconsideration by the new Democratic-controlled majority of the NLRB.

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Client Alert | 3 min read | 12.13.24

New FTC Telemarketing Sales Rule Amendments

The Federal Trade Commission (“FTC”)  recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR. ...