United States: Arbitration & Dispute Resolution

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Article
Poured Out: Sixth Circuit Overturns NLRB Order, Signaling Cracks In Cemex
The Sixth Circuit has delivered the first federal appellate rejection of the NLRB's Cemex bargaining order framework, arising from a Kentucky bourbon distillery union campaign where management's strategic wage increases and benefits preceded a decisive union defeat. This landmark decision characterizes Cemex as improper rulemaking disguised as adjudication, potentially reshaping how unions achieve recognition and offering employers a powerful template for challenging similar orders nationwide.
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Fifth Circuit Vacates FTC’s Cease-and-Desist Order Against Intuit, Holding Internal Adjudication Of Deceptive Advertising Claims Unconstitutional
A federal appeals court has struck down the FTC's authority to adjudicate deceptive advertising claims through its internal administrative process, ruling that such enforcement violates constitutional separation of powers. The Fifth Circuit's decision in Intuit v. FTC requires these cases to be heard in federal court, potentially reshaping how the agency pursues advertising enforcement actions and raising broader questions about the Commission's structural constitutionality.
United States Media & IT
KD
Kelley Drye & Warren LLP
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