Mark Theodore

Dec 13, 2024 | jdsupra.com | Mark Theodore

This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when an employer’s unilateral change to terms and conditions of employment violates the National Labor Relations Act (“NLRA” or “Act”), asserting that the Board’s recent adoption of the “contract coverage” standard was made in “error.” As we recently reported, the future...

Sep 26, 2024 | jdsupra.com | Jennifer McDermott |Mark Theodore

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire Alkiviades David. This week, however, a Los Angeles County Court found the damages award “shocked the conscience” and ordered the case to go to a new damages trial unless the plaintiff accepts a reduced award of $90 million dollars.

Sep 26, 2024 | natlawreview.com | Mark Theodore

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire Alkiviades David. This week, however, a Los Angeles County Court found the damages award “shocked the conscience” and ordered the case to go to a new damages trial unless the plaintiff accepts a reduced award of $90 million dollars.

Jul 1, 2024 | natlawreview.com | Mark Theodore

The U.S. Supreme Court issued two blockbuster decisions this week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced Thursday in Securities and Exchange Commission v. Jarkesy et al., U.S., No. 22-859 (Jun. 27, 2024), the Supreme Court ruled that when the SEC seeks civil penalties against a defendant, the defendant is entitled to a trial by jury.

Jun 27, 2024 | mondaq.com | Joshua Fox |Larenz D. Jones |Mark Theodore

As we've discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a "chilling effect" on employees in the exercise of their Section 7 rights of the National Labor Relations Act ("NLRA").