Last week, the U.S. Supreme Court determined that the Obama administration’s recess appointments of three National Labor Relations Board judges were invalid and unconstitutional. As a result, all of the decisions of the NLRB in which any of these judges participated are void. Including all published and unpublished decisions, some 1,058 rulings are effectively invalid. These include decisions that affect both unionized and non-unionized employers. There are countless hundreds of other cases that relied in whole or part upon the precedents established in these cases to reach additional decisions. These cases, if still pending, could also be subject to review/reconsideration to the extent the now invalid precedent impacted earlier rulings.
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Ari Karen is an experienced litigator and speaker who has focused his practice in representing financial institutions in both government investigations and litigation before state and federal trial and appellate courts nationwide.
Mr. Karen’s practice is diverse, representing clients on matters concerning banking regulations, Dodd Frank financial reform laws, contractual disputes, employment and labor statutes, wage-hour class actions, employment discrimination and fair lending matters, whistleblower complaints and non-competition claims, among others.