Fifth Circuit Casts Doubt on NLRB’s Authority in NLRB Starbucks Subpoenas Clash

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Should the Court Draw New Boundaries?

U.S. Circuit Judge Leslie H. Southwick asked whether, if the court finds subpoenas can constitute unfair labor practices, the panel should spell out what factors would qualify. Saharia agreed that outlining those circumstances would help prevent future overreach.

The panel included U.S. Circuit Judges Leslie H. Southwick, Stephen A. Higginson and Dana M. Douglas.

Counsel and Representation

Starbucks Corp. is represented by Lisa Blatt, Amy Mason Saharia and Claire R. Cahill of Williams & Connolly LLP, and by Jeffrey S. Hiller and Jonathan O. Levine of Littler Mendelson PC.

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The National Labor Relations Board is represented internally by Elizabeth A. Heaney, Jared H. Odessky, William B. Cowen, Stephanie Cahn, Peter Sung Ohr, Ruth E. Burdick and Meredith Jason.

Workers United, participating as an intervenor, is represented by Robert S. Giolito of the Law Office of Robert S. Giolito PC, along with Elizabeth Grdina, Michael P. Ellement and Charlotte Schwartz of James & Hoffman PC.