Tuesday, December 04, 2012

DC Circuit -- KLB Industries, Inc. v. NLRB

When a company pleads hardship as an excuse during negotiations, a disclosure obligation arises that is distinct from the total disclosure required in other situations.  Not an all-or-nothing requirement -- the company must disclose relevant financials together with the underlying data.

Withholding of this information makes a lockout unlawful, notwithstanding other good-faith bargaining.

KLB Industries, Inc. v. NLRB
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.