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Public-Private Partnerships On The Rise

Client Alert | 1 min read | 04.22.09

In "Funding America's Infrastructure Needs: Public-Private Partnerships May Help Close Infrastructure Gap," in the March 2009 issue of Construction Briefings, Steve McBrady of C&M examines the increasing use of Public-Private Partnerships (PPPs) in American infrastructure, as the federal government, states, and localities seek innovative mechanisms for upgrading and operating critical infrastructure. The recently passed American Recovery and Reinvestment Act of 2009, the Obama administration's proposal for a National Infrastructure Reinvestment Bank, and the upcoming Transportation Re-Authorization bill, will bolster these efforts and generate increased focus on the use of PPPs across the country.

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Client Alert | 7 min read | 08.16.24

From the Administrative State to the Wild West? What Employers Should Know About the Shifting Administrative Law Landscape

Over the past several years, federal courts have increasingly questioned the authority of administrative law judges (ALJs) to adjudicate alleged violations of certain labor and employment statutes.  In the last several weeks, two U.S. district courts in Texas issued decisions halting unfair labor practice proceedings before the National Labor Relations Board (NLRB) on the grounds that NLRB ALJs lack the constitutional authority to preside over such actions due to unconstitutional protections against their removal.[1]  Similarly, the last year has seen several decisions by courts in the Fifth and Eleventh Circuits finding that ALJs, whose decisions are not reviewable by a Presidential appointee, lack constitutional authority under the Appointments Clause to adjudicate claims.[2]  The trend illustrated by these decisions, combined with the Supreme Court’s decision in June to abandon the Chevron doctrine of extending deference to federal agency rule-making proceedings, portend significant changes in the way employers interact with federal agencies that enforce labor and employment law. ...

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