Federal Judge Says President Can Fire NLRB General Counsel

As we have previously reported, on his first day in officePresident Biden fired former NLRB General Counsel Peter Robb after Robb refused to resign. This controversial move immediately sparked debate over the President’s authority to fire Robb, who was serving in the last year of his statutory four-year term when fired.

In response to Robb’s abrupt departure, challengers have argued that Robb’s replacement, Acting General Counsel Peter Sung Ohr, does not have authority to bring cases before the NLRB because his appointment was invalid. The NLRB has refused to weigh in on the issue, saying that it is a matter for federal courts to decide.

The United States District Court for the District of New Jersey addressed the issue in its recent order in the case Goonan v. Amerinox Processing. U.S. District Judge Noel Hillman granted the NLRB’s request for an injunction, despite Amerinox’s argument that the NLRB acting general counsel does not have authority to prosecute this matter because of Robb’s removal. Judge Hillman stated that federal labor law gives the President authority to fire NLRB general counsels without cause, and that the temporary assignment of an acting general counsel without compliance with the Appointments Clause does not render the NLRB’s petition for injunctive relief invalid.

Judge Hillman, however, did not specifically rule on the legality of President Biden’s firing of Peter Robb, nor were his comments about firing general counsels a deciding factor in issuing the injunction. Moreover, Judge Hillman noted that the NLRB’s regional director was seeking an injunction on behalf of the Board, not the general counsel.

Given the peripheral nature of Judge Hillman’s comments about firing general counsels generally, this case is not likely the end-all, be-all on the matter. Thus, unless the Supreme Court rules squarely on the issue of Robb’s firing, challenges will likely still roll in as potential defenses to charges brought by Ohr.

© 2021 BARNES & THORNBURG LLP

For more articles on the NLRB, visit the NLRLabor & Employment section.

Attend NAWL’s General Counsel Institute – Pathways to Success

NAWL Logo General Counsel InstituteSuccessful people share common characteristics that drive them on their road to success, including keeping a positive mindset and being comfortable taking on new challenges. No matter what your definition of success is, the National Association of Women Lawyers’ Twelfth General Counsel Institute offers a roadmap for getting to where you want to go.

 

When: November 3-4, 2016

Where: Crowne Plaza Times Square Manhattan, NYC

Register today!

In today’s ever changing legal landscape, we invite you to advance your career by securing success through agility and creativity. Gain insight into the hottest topics in the law. Acquire knowledge or enhance your proficiency about the most talked about labor and employment matters. Take a deep dive into today’s regulatory and compliance issues. Tap into technology and embrace the challenges and changes that accompany this ever-evolving area of the law.

At GCI 12, you will be asked to think outside the box and blaze your own trail of success by articulating your own vision, laying your own foundation, and growing both personally and professionally. Through powerful stories, substantive legal workshops, and GCI’s unique open exchange of ideas, GCI 12 will empower you to embrace opportunities with agility and creativity and gain leadership skills and business acumen on your pathway to success.

Attend NAWL’s General Counsel Institute – Pathways to Success

NAWL Logo General Counsel InstituteSuccessful people share common characteristics that drive them on their road to success, including keeping a positive mindset and being comfortable taking on new challenges. No matter what your definition of success is, the National Association of Women Lawyers’ Twelfth General Counsel Institute offers a roadmap for getting to where you want to go.

 

When: November 3-4, 2016

Where: Crowne Plaza Times Square Manhattan, NYC

Register today!

In today’s ever changing legal landscape, we invite you to advance your career by securing success through agility and creativity. Gain insight into the hottest topics in the law. Acquire knowledge or enhance your proficiency about the most talked about labor and employment matters. Take a deep dive into today’s regulatory and compliance issues. Tap into technology and embrace the challenges and changes that accompany this ever-evolving area of the law.

At GCI 12, you will be asked to think outside the box and blaze your own trail of success by articulating your own vision, laying your own foundation, and growing both personally and professionally. Through powerful stories, substantive legal workshops, and GCI’s unique open exchange of ideas, GCI 12 will empower you to embrace opportunities with agility and creativity and gain leadership skills and business acumen on your pathway to success.

Next week! Join NAWL at their General Counsel Institute – November 5-6 in NYC

nawl general counsel institute new york GCI national association of women lawyers

Register today!

The last several years have brought significant changes to the General Counsel position and for many, a rise of greater prominence within their companies. Large-scale forces are transforming the economics of corporations as they face challenges related to accelerating competition, cost controls, technology development, reporting transparency, and Wall Street’s focus on short-term profit maximization.

As a result, the General Counsel increasingly has a broader scope beyond being strictly a legal advisor to also being a C-suite executive, senior counselor to the Board, the CEO, and the CFO, and the ultimate guardian of the company’s integrity. The General Counsel and her in-house lawyers are expected to understand the full spectrum of their company’s business and provide expert legal advice, business strategy input, and ethical guidance.

At GCI 11, you will explore ways to create and promote your legal department as a key business partner, develop and employ critical business relationships, and strategically advance your expertise and skills to bolster your prominence within the company. Through powerful personal stories, substantive legal workshops, and GCI’s unique open exchange of ideas, you will soar to new heights as you develop practical solutions to stay relevant in today’s evolving corporate legal and business environments.

Join NAWL at their General Counsel Institute – November 5-6 in NYC

nawl general counsel institute new york GCI national association of women lawyers

Register today!

The last several years have brought significant changes to the General Counsel position and for many, a rise of greater prominence within their companies. Large-scale forces are transforming the economics of corporations as they face challenges related to accelerating competition, cost controls, technology development, reporting transparency, and Wall Street’s focus on short-term profit maximization.

As a result, the General Counsel increasingly has a broader scope beyond being strictly a legal advisor to also being a C-suite executive, senior counselor to the Board, the CEO, and the CFO, and the ultimate guardian of the company’s integrity. The General Counsel and her in-house lawyers are expected to understand the full spectrum of their company’s business and provide expert legal advice, business strategy input, and ethical guidance.

At GCI 11, you will explore ways to create and promote your legal department as a key business partner, develop and employ critical business relationships, and strategically advance your expertise and skills to bolster your prominence within the company. Through powerful personal stories, substantive legal workshops, and GCI’s unique open exchange of ideas, you will soar to new heights as you develop practical solutions to stay relevant in today’s evolving corporate legal and business environments.

APPLY NOW: Government of District of Columbia Now Hiring: Supervisory Attorney Advisor (Deputy General Counsel)

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF GENERAL SERVICES

                                                                                                            

The District of Columbia’s Department of General Services is seeking candidates for the Supervisory Attorney Advisor (Deputy General Counsel) position. The Deputy General Counsel will specifically provide management and support in the following areas: real estate transactions, leasing, real estate portfolio management, energy, sustainability and green initiatives and other agency operational issues as needed. The Deputy General Counsel reports to the General Counsel and will supervise at least two other attorneys.

The incumbent of this position will provide legal counsel and support to DGS in the following activities:

  • negotiating and preparing commercial leases and other real estate documents—rights of entry, license agreements, etc.;
  • handling real estate transactions;
  • providing legal support for lease administration, including preparing amendments, work agreements, estoppels, SNDA’s, extension requests, termination notices, default notices;
  • providing litigation support;
  • advising the agency in matters related to energy, sustainability and green initiatives; and
  • providing assistance, as needed, in all operational areas of the agency including: contracts, procurement, facility management, security services and human resources.

A successful candidate must:

  • have a law degree;
  • be a member of the District of Columbia Bar Association or eligible for waiver into the bar. If selected and not a member of the District of Columbia Bar, he/she must apply for membership and show proof of such prior to the commencement of employment.
  • have at least 10 years of experience in the following areas: local government, real estate, leasing and/or procurement law.
  • have the skill and ability to gather, develop, evaluate and analyze investigative information from a variety of sources to determine compliance with District government and federal statutes, rules and regulations.
  • have experience in negotiating, drafting and reviewing commercial real estate documents including drafting of commercial leases and land purchase and acquisition contracts.

How to Apply:

Applications for this vacancy must be submitted online at www.dchr.dc.gov for consideration. When completing applications, candidates submit resume and respond to specific ranking factors that will be used in the evaluation process. In responding to the ranking factors, please describe specific incidents of sustained achievements from your experience that show evidence of the level at which you are applying. You may refer to any experience, education, training, awards, outside abilities described in ranking factors. The information given in response to the ranking factors should be complete and accurate to the best of your knowledge, FAILURE TO RESPOND TO ALL RANKING FACTORS WILL ELIMINATE YOU FROM CONSIDERATION.

Deadline: Closing date for the vacancy announcements until 11:59 pm on December 12, 2014. 

Contact Information: All inquiries related to employment and job applications should be directed HR Answers, (202)442-9700—please reference agency (DGS) and vacancy number (26253).

  

2000 14th St. NW, 8th Floor  Washington DC 20009  |Telephone (202) 727.2800 | Fax (202) 727-7283

GCI 10 Inspiring Women Lawyers to Lead – General Counsel Institute

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Lawyers are trained for many things, to represent clients in court, provide advice on legal matters and work hard to protect their clients’ interests.  Most law schools, however, do not prepare lawyers to lead.  Yet to succeed as in-house counsel, lawyers must be able to lead diverse teams and handle a variety of subject matters.  At the National Association of Women Lawyers® (“NAWL”) Tenth Annual General Counsel Institute® (“GCI 10”) Strategic Leadership: Developing Legal Expertise and Skills to Enable and Empower Yourself and Others in the 21st Century on November 6th and 7th, 2014, eleven leaders will share inspiring stories of how they lead through change, adapt to the ever evolving regulatory, cyber, global and other matters that are challenging their corporations today.  Additionally, they will share how they tailor their approaches to successfully tackle the tasks at hand.

In honor of the tenth anniversary of the General Counsel Institute®, ten of these eleven inspiring leaders are General Counsels.  Brad Smith, General Counsel and Executive Vice President of Legal and Corporate Affairs, Microsoft Corporation, will discuss Top Leadership Traits Critical to Leading, Engaging and Motivating a Global Corporation as the lunch keynote speaker on Thursday, November 6th.  Smith believes that a commitment to continual learning and to diversity and inclusion are two traits critical to successful leadership.  He is committed to diversifying the legal profession to reflect the diversity of the United States as a whole.  To that end, Smith serves as the Chair of the Leadership Council on Legal Diversity (LCLD), an organization of more than 200 corporate chief legal officers and law firm managing partners who share that vision. When asked about learning, developing and growing as a leader, Smith said that he makes it a priority to stretch himself in new ways every year. “I think it’s imperative that one keep growing to adapt to a changing world . . . the three best ways to learn are through reading, listening, and doing.”   He added that . . . “the single best thing one can do is surround oneself at work with people who bring diverse experiences, backgrounds, and points of view to a topic.”

Sandra Leung, General Counsel and Corporate Secretary, Bristol-Myers Squibb Company, will be the keynote speaker at 9:00 a.m. on Friday, November 7th.  She joined the company after leaving the Manhattan District Attorney’s Office where she was part of the original Special Victims Bureau.  Leung rose through the ranks at Bristol-Myers Squibb Company, taking the helm during a crisis, and is now also responsible for Environment, Health & Safety, Corporate Security and Philanthropy.  In her role, Leung has restructured the legal department to meet business objectives and reduced costs, which helped the company thrive in a challenging business and regulatory environment.  She advises leaders to “. . . have great personal integrity and be someone people can trust” as well as “. . . be respectful of people, not just your superiors but everyone.”  At GCI 10, Leung will be discussing what it takes to thrive in today’s regulatory environment.

Rebecca S. Halstead, CEO and Founder of STEADFAST Leadership, is Brigadier General, U.S. Army, Retired, and she will be inspiring GCI 10 attendees as the keynote speaker at lunch on November 7th.  She served as a Commissioner on the President’s Military Leadership Diversity Commission 2009 – 2010 and is the first female graduate of West Point to be promoted to General Officer.  Halstead is also the author of the book 24/7: The First Person You Must Lead is YOU in which she outlines five fundamental truths to support her definition of leadership.  She founded STEADFAST Leadership to extend the lessons she learned throughout her life, including in the military, to future leaders.  Halstead advises that “leadership is about the led . . . therefore one must understand who the people are, what the organization is about, what are the current challenges facing them, and how are they organized.”

In addition to the keynote speakers, eight General Counsels will conduct interactive workshops at GCI 10 where attendees will have the opportunity to earn CLE credit.  These workshops include leading edge topics such as anti-bribery compliance and conducting global business in the cloud, as well as skills such as gaining executive presence to command attention and influence change.  The General Counsels leading these workshops offer the following advice to emerging leaders as a prelude to the conference:

  • Donna Costa, Executive Vice President, General Counsel and Chief Compliance Officer, Mitsubishi Chemical Holdings America, Inc., advises new leaders to have “. . . vision and aspiration, . . . to continually re-evaluate what they are doing. Getting input widely and often from those around you.”
  • Beth DeSimone, Executive Vice President, General Counsel and Secretary, CommunityOne Bancorp, says “The worst that anyone can say if you ask for something is ‘no’ so you might as well ask – they might say ‘yes’!”  She also advises that you should always make time for family, continue your education, and follow your dreams.
  • Vicki Donati, General Counsel, Crate & Barrel Holdings, Inc., advises that one should “. . . speak up when you know something is amiss or when your gut tells you there are considerations not coming to the fore.”  She also shares that leadership is a constant honing process and that by observing people in power you can pick and choose the aspects that fit you to develop your own personal leadership style.
  • Cynthia Gibson, Executive Vice President, Chief Legal Officer and Corporate Secretary, Scripps Networks Interactive, Inc., encourages being true to yourself, including admitting that you don’t know everything and that seeking input from others is key to success as a leader.
  • Leigh M. Harlan, Senior Vice President, Secretary and General Counsel, Tiffany & Co., when asked about evaluating two equally qualified candidates for a leadership position, she states that her selection would be “. . . the individual whose skills, demeanor and values align in such a way that he or she is likely to inspire others to perform at their highest capacity and to promote a fair, respectful and collaborative work environment.
  • Jennifer Rochon, General Counsel for Girl Scouts of the United States of America, has the distinction of serving as the first General Counsel of the Girl Scouts.  She believes that it is critical for leaders to have confidence in themselves, to stretch outside their comfort zones, and to bring those they lead along with them.
  • Monica Weed, Executive Vice President, General Counsel and Corporate Secretary, Navigant Consulting, Inc., points out that assuming a leadership position”. . . requires you to move away from the very things that recommended you for leadership to begin with into areas in which you are unproven.”  The ability to learn from others and to be flexible as circumstances change are characteristics that every leader should possess.
  • Linda Willett, Senior Vice President, General Counsel and Secretary, Horizon Blue Cross Blue Shield of New Jersey, advises new leaders to “identify role models, observe their leadership behaviors, and adopt those that work for you.”  Willett also shares that the art of tailoring a message to the intended audience is an important skill for leaders to develop and encourages emerging leaders to join not-for-profit boards to experience “sitting on the other side of the table.”

There’s still time to register for GCI 10, so come be inspired by these 11 leaders by going to Programs & Events at www.nawl.org!

About GCI 10:  The General Counsel Institute is designed to increase the effectiveness of in-house women lawyers at the top tiers of their corporate law departments. This annual program targets in-house counsel who want to build professional and management skills to improve the functioning of their practice groups or legal departments and their interaction with C-suite executives with focus on pressure points, strategic decision-making, measurements of success for in-house counsel and what it takes to improve such skills. The General Counsel Institute is collegial and interactive and a terrific opportunity to talk and network with the presenters and professionals from Fortune 500 companies.

About NAWL:  The National Association of Women Lawyers (“NAWL”) is a national voluntary legal professional organization devoted to the interests of women lawyers and women’s rights. Founded in 1899, long before most local and national bar associations admitted women, the Association is an educational forum and has an active voice for the concerns of women in the legal profession.

NAWL continues to support and advance the interests of women in and under the law and the social, political, and professional empowerment of women. Today, members of the Association represent all areas of legal expertise: public and private sectors; for-profit and not-for-profit; and large and small organizations. Through its programs and network, NAWL provides the tools for women in the profession to advance, prosper, and enrich the profession.

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