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Obama Adds Labor Board to Recess Appointments

Published January 05, 2012 ■ Legal Watch

Roll Call (01/05/12) Dennis, Steven

President Barack Obama surprised Republicans on Jan. 4 with three recess appointments to the National Labor Relations Board. Senate Republicans had pre-emptively warned Obama against making recess appointments to the agency, but the president ignored them by installing three labor-friendly picks—Sharon Block, Terence Flynn, and Richard Griffin.

The NLRB was set to be inoperative this year because it only had two members out of five board slots. A third board member, Craig Becker, was recess appointed by Obama in 2010, but his term has expired. Democrats praised the move, while angry Republicans called it a power grab.

Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?

Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.

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