Articles by Robin Conrad

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Federal Court Strikes Down Ambush Election Rule

Because only two members participated in the rulemaking vote, the Court found that the NLRB lacked a sufficient quorum to pass the rule and therefore did not have the authority to issue the new regulation.

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Chamber Lawsuit Argues Against Out-of-Control NLRB Election Rule

It's clear the NLRB is well on its way toward implementing an aggressive pro-union agenda.

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Federal Government: "Friend of the Court" But Not of American Business

In a disappointing about-face, the federal government declared for the first time yesterday its support for expanding liability under the "Alien Tort Statute" (ATS) to permit civil lawsuits against corporations. If the U.S. Supreme Court adopts the legal position now advanced by the U.S. Solicitor General in its "friend of the court" brief, the global business community will face yet another wave of frivolous and expensive litigation. And Americans will be left footing the bill, in the form of fewer jobs and higher costs.

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Wal-Mart Ruling Reinforces Fundamental Principles of Fairness

Nearly three months after hearing oral arguments, the Supreme Court today handed down a decision in what is without a doubt one of the most important class action cases in more than a decade, Wal-Mart Stores Inc. v. Dukes.  The Chamber applauds the Court for affirming that mega-class actions such

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At High Court, Chamber Takes on Patchwork of Immigration Regulations

In recent years, states and municipalities have proposed thousands of overlapping and conflicting state and local immigration laws, many of them imposing new and often contradictory regulations on employers.   With employers drowning in new regulations, the Chamber’s public policy law firm, the Na

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On EPA’s Failure to Reconsider Endangerment Finding

Today the Environmental Protection Agency’s (EPA’s) denied the U.S. Chamber’s petition to reconsider triggering the Clean Air Act to regulate greenhouse gas emissions. The U.S. Chamber, policymakers, numerous trade groups, state governments, and businesses throughout the country have collectively r

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The Supreme Court and Federal Jurisdiction Law

Today’s unanimous Supreme Court decision in Hertz Corp. v. Friend overturned a controversial Ninth Circuit test for determining a multistate corporation’s citizenship. The Court ruled that for diversity jurisdiction purposes, a corporation is a citizen of the place where its headquarters is located

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Not So Fast: Trial Lawyers Lobby For Their Own Federal Bailout, But the Constitution Stands in the Way

Yesterday, at the urging of lobbyists for the plaintiffs bar, President Obama ordered federal agencies to review a decade’s worth of regulations, to strip out "preemption" language that set a single, national regulatory standard for myriad consumer products. According to a report in BusinessWeek, t

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Plaintiffs' Bar's Quest for Cash Could Leave Employees High and Dry

On Wednesday the National Chamber Litigation Center filed an amicus brief in a controversial class action lawsuit against perhaps the largest 401(k) plan in the country. Wal-Mart's 401(k) plan hold about $10 billion in savings for its nearly 1 million employee participants. The plaintiffs' theory

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A Significant Step Toward Fairness, Rationality in Asbestos Litigation

Today, the Illinois Supreme Court took a significant step toward bringing some common sense to the asbestos litigation quagmire that's bogging down our court system. It has been decades since asbestos was manufactured in this country, yet asbestos exposure litigation continues to be a mainstay of

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The Takings Clause

Yesterday, the Washington Post carried an op/ed by George Will condemning a radical legal decision by the Illinois Supreme Court that allows the government to transfer income from a business to other projects, in violation of the Constitution's "Takings Clause." Will rightly observed that the Illin

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Bipartisan Consensus on Immigration

The Patchwork of State Immigration Laws Is Creating a Bigger Immigration Problem. Diverse organizations from across the political spectrum are rallying behind the U.S. Chamber’s lawsuit challenging an Oklahoma immigration law, HB 1804. So far, 28 different groups have filed amicus curiae – or "frie

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The Supreme Court is Back - Preemption is Front and Center

The Supreme Court is back in session with a very important case right out of the gate. The media, of course, is spinning Altria Group v. Good as a "tobacco" case; but they would be wise to head the words of Justice Hugo Black, who once explained that Supreme Court cases "affect far more than the im

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A Victory for Employers and Workers

The U.S. Supreme Court ruled today on Chamber of Commerce of the United States v. Brown and rejected California’s attempt to place the state’s thumb on the scale in the unionization debate.  California Assembly Bill (AB) 1889, enacted in 2000 in response to union lobbying efforts, expressly prohibi

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Patience is a Virtue

In Slate's article "Big Business's Big Term" we will ignore the fact that Mr. Kendall's bias is buried in the bio box at the bottom.  We will also ignore the fact that his portrayal of me as "gushing" is sexist if not insulting. Instead, let's focus on the last paragraph of the article in which Ken

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Economic Impact of Immigration

A recent study paid for by one of the defendant’s in a federal court case challenging that Arizona’s immigration statute alleges that "Illegal’s depress wages by $1.4 billion in Arizona."  That study, however, did not consider, review or analyze the economic benefits of immigrants, such as the mone

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