Featured Stories
Jason Schwartz to speak at NYU's Advanced International Taxation Conference
NEW YORK, July 24 [Category: BizLaw/Legal] -- Cahill Gordon and Reindel, a law firm, posted the following news:
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Jason Schwartz to speak at NYU's Advanced International Taxation Conference
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Cahill partner Jason Schwartz will speak on the panel, "Inbound Debt Investing," at the Advanced International Taxation Conference, hosted by the NYU School of Professional Studies Division of Programs in Business.
Jason will examine key considerations for foreign investment in U.S. debt, including U.S. trade or business issues, applicable safe harbors for certain investing and trading activities,
... Show Full Article
NEW YORK, July 24 [Category: BizLaw/Legal] -- Cahill Gordon and Reindel, a law firm, posted the following news:
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Jason Schwartz to speak at NYU's Advanced International Taxation Conference
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Cahill partner Jason Schwartz will speak on the panel, "Inbound Debt Investing," at the Advanced International Taxation Conference, hosted by the NYU School of Professional Studies Division of Programs in Business.
Jason will examine key considerations for foreign investment in U.S. debt, including U.S. trade or business issues, applicable safe harbors for certain investing and trading activities,"season and sell" strategies, and the role of income tax treaties, including "bring your own treaty" funds.
To learn more and register, click here.
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Original text here: https://www.cahill.com/news/events/2026-07-24-jason-schwartz-to-speak-at-nyu-advanced-international-taxation-conference
Morgan Lewis Advises Nebius Group on $775M First Secured Debt Financing
PHILADELPHIA, Pennsylvania, July 21 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following news release:
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Morgan Lewis Advises Nebius Group on $775M First Secured Debt Financing
LONDON and PHILADELPHIA: Morgan Lewis advised AI cloud company Nebius Group N.V. (Nasdaq: NBIS) on the company's first senior secured debt facility for approximately $775 million. The facility is backed by GPU infrastructure and contracted cash flows.
Nebius is an AI infrastructure company that provides cloud computing services to support the development, training, and deployment of artificial
... Show Full Article
PHILADELPHIA, Pennsylvania, July 21 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following news release:
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Morgan Lewis Advises Nebius Group on $775M First Secured Debt Financing
LONDON and PHILADELPHIA: Morgan Lewis advised AI cloud company Nebius Group N.V. (Nasdaq: NBIS) on the company's first senior secured debt facility for approximately $775 million. The facility is backed by GPU infrastructure and contracted cash flows.
Nebius is an AI infrastructure company that provides cloud computing services to support the development, training, and deployment of artificialintelligence models and applications.
The company operates a growing global infrastructure platform and serves startups and enterprise customers developing AI products and services.
Morgan Lewis partners Paul Denham, Andrew Budreika, Tim Corbett, and Marina Aronchik and associate Ben Stango advised Nebius. For more, read Nebius's announcement.
Morgan Lewis previously advised Nebius on a strategic partnership with NVIDIA, a $4.3 billion convertible bond offering, and its acquisition of Tavily, among other matters. The firm's artificial intelligence and data center practices are at the forefront of guiding companies through complex and strategically important projects.
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URL: Nebius Group
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Original text here: https://www.morganlewis.com/news/2026/07/morgan-lewis-advises-nebius-group-on-775m-first-secured-debt-financing
Latham Adds Leading Investment Grade Debt Partner to Preeminent Capital Markets Practice in New York
NEW YORK, July 21 -- Latham and Watkins, a law firm, issued the following news release:
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Latham Adds Leading Investment Grade Debt Partner to Preeminent Capital Markets Practice in New York
Jennifer Ying Lan adds meaningful depth to Latham's debt capital markets capabilities in a strategically important segment of the firm's unmatched Capital Markets platform.
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Latham & Watkins LLP is pleased to announce that Jennifer Ying Lan has joined the firm's New York office as a partner in the Capital Markets and Public Company Representation practices. Lan focuses on investment-grade debt offerings
... Show Full Article
NEW YORK, July 21 -- Latham and Watkins, a law firm, issued the following news release:
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Latham Adds Leading Investment Grade Debt Partner to Preeminent Capital Markets Practice in New York
Jennifer Ying Lan adds meaningful depth to Latham's debt capital markets capabilities in a strategically important segment of the firm's unmatched Capital Markets platform.
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Latham & Watkins LLP is pleased to announce that Jennifer Ying Lan has joined the firm's New York office as a partner in the Capital Markets and Public Company Representation practices. Lan focuses on investment-grade debt offeringsand advises clients on a broad range of public and private financing transactions.
Lan's arrival follows prominent capital markets partners Byron Rooney, Dan Gibbons, and Bill Nelson, all of whom recently joined the firm, further reinforcing Latham's position as the destination firm for the market's most sophisticated clients and top talent.
"We are thrilled to be adding a partner of Jenn's caliber and talents to our firm," said Marc Jaffe, Managing Partner of Latham's New York office. "Jenn's expertise, technical skills, and judgment deepen the advice we deliver to clients and further elevate our market-leading capital markets capabilities."
Jenn represents US and global issuers and underwriters in public and private capital markets transactions, with a particularly strong focus on investment-grade debt offerings. She also has wide-ranging experience advising on IPOs and other equity offerings, high-yield debt offerings, liability management transactions, and acquisition financings, as well as on corporate governance and securities law matters. Her practice spans industries, including biotech and pharma, financial and consulting services, insurance, technology, industrials, and consumer retail.
Stelios Saffos, Global Co-Chair of Latham's Capital Markets and Public Company Representation practices, Global Chair of the Hybrid Capital Practice, and a leader of the firm's Capital Strategies group, said, "Jenn has built an outstanding reputation advising on strategically important financing transactions. At a time when clients are navigating evolving market conditions and increasingly sophisticated capital structures, Jenn further bolsters our ability to deliver comprehensive counsel across debt, equity, hybrid capital, liability management, and other financing solutions. Her arrival is another clear sign that our unrivaled platform -- which combines scale with fully integrated capabilities across the capital spectrum -- attracts the very best, most driven lawyers, all focused on serving clients at the highest level."
"Jenn is a fantastic addition to our world-class capital markets team," said Ian Schuman, Global Co-Chair of Latham's Capital Markets and Public Company Representation practices and a leader of the firm's Capital Strategies group. "She has the reputation, skills, and drive to make a meaningful impact. Her established practice and strong client relationships are a perfect fit for our global Capital Markets platform."
"Latham's relentless focus on excellence, teamwork, and exceptional client service sets the standard in the industry and drives exceptional results for clients," said Lan. "The firm's global platform and deep connections across the market unlocks significant opportunities to guide clients through their most complex transactions. I am delighted to join this incredibly talented and ambitious team and contribute to the continued growth of the practice."
Lan joins Latham & Watkins from Davis Polk & Wardell LLP. She received her JD and MBA from Duke University's School of Law and Fuqua School of Business and BA from Harvard University.
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Original text here: https://www.lw.com/en/news/2026/07/latham-adds-leading-investment-grade-debt-partner-to-preeminent-capital-markets-practice-in-new-york
[Category: BizLaw/Legal]
Herbert Smith Freehills Kramer: Asia Private Capital Analysis Q2 2026 - Game of Two Halves?
NEW YORK, July 21 (TNSrep) -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Asia Private Capital Analysis Q2 2026: A game of two halves?
Herbert Smith Freehills Kramer's quarterly review of private capital buyouts, fundraising and disputes tells a familiar story for the first half of 2026: subdued on-market play with flashes of brilliance.
The question is whether 2026 follows the trend of recent years and stages a lively comeback in the second half, or whether geopolitical and market influences will see only the strongest private capital players risk making
... Show Full Article
NEW YORK, July 21 (TNSrep) -- Herbert Smith Freehills Kramer LLP, a law firm, issued the following news:
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Asia Private Capital Analysis Q2 2026: A game of two halves?
Herbert Smith Freehills Kramer's quarterly review of private capital buyouts, fundraising and disputes tells a familiar story for the first half of 2026: subdued on-market play with flashes of brilliance.
The question is whether 2026 follows the trend of recent years and stages a lively comeback in the second half, or whether geopolitical and market influences will see only the strongest private capital players risk makingtheir move.
"With global uncertainty lingering over the field of play, the first half saw a quiet performance from Asia's private capital fundraisers," said funds partner Benjamin Lohr.
"There were bright spots of course, with the largest market players taking their shots and raising high-value funds."
"Buyout pressure will only mount as the second half progresses," said M&A partner Anthony Vasey.
"Dry powder remains high, IPO markets are ready for exits, and pressure will increase on GPs and LPs to realise their potential."
As the US private credit default rate remains at an all-time high, the potential for defaults and enforcement disputes is increasing, and documentation quality could be an issue.
"Unlike bank lending documents, some private credit documents have not yet been stress tested through litigation, and gaps may only become apparent when something goes wrong," said disputes counsel Aaron McDonald.
Read the quarterly data in full (https://www.hsfkramer.com/insights/2026-07/asia-private-capital-quarterly-analysis-quarter-2), and speak with our private capital team through the contacts below.
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Original text here: https://www.hsfkramer.com/news/2026-07/asia-private-capital-analysis-q2-2026-a-game-of-two-halves
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: Rule Caps International Student Visas at 4 Years - Here's What Employers, Higher Ed, and K-12 Schools Should Do Now
ATLANTA, Georgia, July 21 -- Fisher Phillips, a law firm, issued the following insight on July 20, 2026:
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New Rule Caps International Student Visas at 4 Years: Here's What Employers, Higher Ed, and K-12 Schools Should Do Now
The federal government has just ended a decades-old policy that let international students stay in the United States for as long as it took them to finish school. Under a new rule from the Department of Homeland Security released last week, most F-1 students, J-1 exchange visitors, and I-visa foreign journalists will now be admitted for a fixed period of no more than
... Show Full Article
ATLANTA, Georgia, July 21 -- Fisher Phillips, a law firm, issued the following insight on July 20, 2026:
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New Rule Caps International Student Visas at 4 Years: Here's What Employers, Higher Ed, and K-12 Schools Should Do Now
The federal government has just ended a decades-old policy that let international students stay in the United States for as long as it took them to finish school. Under a new rule from the Department of Homeland Security released last week, most F-1 students, J-1 exchange visitors, and I-visa foreign journalists will now be admitted for a fixed period of no more thanfour years, after which they must apply for an extension to stay. The change takes effect September 15, and affects how employers need to track some international hires, how K-12 schools, colleges, and universities need to rebuild their compliance programs, and the international student's offices will have to adapt policies, training, and systems to implement this new rule. What do businesses and educational institutions at all levels need to know about the July 16 release?
Summary of New Rule
For nearly 50 years, F-1, J-1, and most I nonimmigrants were admitted for "duration of status (D/S)," meaning they could remain in the country for as long as they kept up their program, without a fixed expiration date. With last week's release of a 553-page rule, DHS is now scrapping that framework entirely and replacing it with a new structure:
* F-1 students and J-1 exchange visitors are admitted for the length of their program, capped at four years, plus a 30-day arrival window and a 30-day departure window after completion. Under the prior rules, F-1 students had a 60-day post-completion grace period. The proposed rule cuts that grace period in half, reducing it to 30 days. The 30-day arrival and departure periods do not count against the four-year maximum.
* I-visa foreign media representatives get up to 240 days per admission period (90 days for most nationals from the People's Republic of China), with an extension path available.
* Anyone who needs more time than their fixed period allows must file a formal Extension of Stay application with US Citizenship and Immigration Services (USCIS) before their admission period runs out. These decisions are discretionary, and they cannot be appealed. The new extension process shifts control of extensions from campus-based SEVIS processes to USCIS adjudication. A student or exchange visitor who cannot complete the program, practical training, academic training, or a new higher-level program within the fixed admission period must either depart and seek readmission or file an extension-of-stay application with USCIS before the authorized stay expires. DSOs and ROs remain important because the I-20 or DS-2019 must still support the requested program end date or training recommendation, but the DSO/RO's SEVIS action alone will no longer extend lawful presence.
* Students already in the country when the rule takes effect aren't cut off immediately. Current F and J nonimmigrants who are in the United States in valid D/S status on the rule's effective date generally may remain without filing an extension of stay until the program end date on the Form I-20 or DS-2019 that is valid on the effective date, up to a maximum of four years from the rule's effective date, followed by the applicable departure period under the transition rule. However, travel outside of the United States after the effective date will generally subject the person to the new fixed date system upon readmission. The rule also provides a temporary transition provision for certain F-1 students in D/S who timely file OPT or STEM OPT employment authorization applications during the initial transition period.
* DHS is also tightening the rules on switching majors or transferring schools. Undergrad-level students can't change majors or transfer within their first academic year without an exception. Grad-level students can't change majors at all during their program and generally can't transfer either.
DHS says the goal is better oversight and fraud prevention, pointing to more than 1.8 million student visa admissions in 2024 alone and citing cases of students remaining in F-1 status for decades.
But it's worth noting that USCIS is currently sitting on more than 11 million pending cases, with average processing times exceeding a year. How the government resolves that backlog will determine how smoothly this actually plays out for the students, exchange visitors, and institutions affected.
What Employers Should Do
The good news for employers is that this rule does not touch H-1B cap-gap protection. DHS confirmed directly that F-1 students transitioning to H-1B status keep their existing automatic extension of status and work authorization through September 30 of the relevant fiscal year, or their H-1B start date, whichever comes first.
The real issues to address:
* Timeline compression on OPT and STEM OPT. International graduates working under practical training authorization now operate under a hard four-year admission clock layered on top of their EAD expiration. If a candidate's fixed admission period expires before an H-1B transition or other status change is finalized, employers will need to address the issue early. The rule does provide automatic authorized-stay protections for timely filed extension applications, but with important limit on employment. F-1 students who timely file an extension of stay before their I-94 expires may continue pursuing a full course of study while USCIS adjudicates the extension. Certain existing on-campus employment, CPT, and severe economic hardship employment may continue for up to 240 days while a timely EOS is pending, but employment authorization is not automatically extended if the EOS is filed only during the 30-day post-completion period.
* EOS delays hitting your hiring calendar. Any employee who needs an Extension of Stay to keep working legally is now dependent on USCIS turnaround time, and that backlog is massive. Build slack into your onboarding and background-check timelines.
* University partnership disruption. If your company runs sponsored research programs, recruiting pipelines, or co-op arrangements with universities, the new transfer and major-change restrictions could affect which students are available and when.
Action items:
1. Audit your current international-hire pipeline now. Identify anyone whose I-20 or DS-2019 program end date, or four-year admission clock, lands close to a planned start date or H-1B filing window.
2. Build EOS processing delays into your onboarding and start-date planning for anyone in F-1 or J-1 status, especially for roles depending on OPT or STEM OPT authorization.
3. Loop in your immigration counsel and HR team now, not at the next renewal cycle. There's no reason to treat cap-gap as at risk, but there's also no room for assuming timelines will run the way they used to.
What Higher Education Institutions Should Do
For colleges and universities, this rule changes daily operations more than it changes who's eligible to study here. Two things deserve the most attention.
The transfer and major-change restrictions are an underreported issue. As noted above, undergraduate-level F-1 students can't transfer schools or change majors within their first academic year without an SEVP-approved exception. Graduate-level students can't change majors at any point in their program and generally can't transfer at all. After completing one educational level, F-1 students generally may only move upward, not into a same-level or lower-level program, on a prospective basis. Standalone English language training is limited to an aggregate 24 months.
The fixed-date administrative burden is also significant. DSOs are moving from tracking open-ended compliance to tracking individual expiration dates for every F-1 and J-1 student and scholar, while managing a wave of EOS filings for anyone in programs lasting more than four years (most PhDs, many MD programs, some professional degrees). Because EOS decisions are discretionary and unappealable, a student who's done everything right could still face a denial with no straightforward recourse. The rule will also require policy, training, and systems changes. Schools will need to revise orientation materials, international office webpages, student handbooks, transfer and change-of-major procedures, OPT and STEM OPT checklists, and program extension workflows. Institutions using batch systems or third-party software to interface with SEVIS may also need new fields and alerts to track fixed I-94 expiration dates and USCIS extension deadlines. Although DHS has stated that it will update SEVIS and provide guidance and training, institutions should not assume SEVIS alone will catch every deadline.
Action items:
Inventory your current F-1 and J-1 population by expected program length now. Flag anyone whose program will run past the four-year mark before it becomes urgent.
Build EOS-filing support directly into your international student office's workflow, with lead time that assumes USCIS delays rather than fast turnaround.
Review transfer and change-of-major policies against the new first-year lock-in rule, and make sure academic advisors know when an SEVP exception might apply.
Prepare clear, simple communications for admitted and current students explaining what's changing and when. This is the kind of policy shift that generates anxiety fast if students hear about it secondhand.
What K-12 Schools Should Do
For K-12, the risk turns out to be smaller than initially feared. DHS considered exempting younger international students from the four-year cap entirely and declined to, but the practical impact is still more limited than for higher ed.
Private K-12 schools have a workable path. SEVP-certified private schools may issue an I-20 covering a student's expected course of study through grade 12, where appropriate. That means many students entering private middle school would need an EOS only once every four years, rather than one per school transfer, assuming they do not depart the United States during that period (any trip abroad effectively resets the four-year window).
Public high schools (including charter schools) see no real change. The existing statutory cap of 12 months total F-1 status at any public high school, plus the requirement that the student reimburse the district for the full cost of their education, stays exactly as it was.
One new safety valve worth knowing about: DHS added a specific exception allowing students to change schools or programs mid-stream if it's needed to complete elementary or secondary education. That means a legitimate school transfer won't automatically run afoul of the new transfer restrictions built for the college-level population.
Action items:
Confirm your school's SEVP certification and ensure Forms I-20 accurately reflect students' anticipated program completion dates, including through grade 12 where appropriate
Identify any international students with a school transfer already in motion, and ensure the basis for the transfer is well documented.
Make sure admissions and front-office staff can speak to this change confidently. Overall, the new rule should not require significant overhaul of K-12 compliance practices, but schools should be prepared to answer questions from international.
Conclusion
If you have any questions about these developments or how they may affect your school or workplace, please contact your Fisher Phillips attorney, the authors of this Insight, or any attorney on our Immigration Team, our K-12 Education Team or our Higher Education Team. Make sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information.
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Related People
Jennifer B. Carroll
Partner, Co-chair K-12 Institutions
954.847.4716
jcarroll@fisherphillips.com
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Russell Ford
Partner
207.477.9972
rford@fisherphillips.com
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Angelica M. Ochoa
Partner
303.218.3669
aochoa@fisherphillips.com
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Kristin L. Smith
Partner, Co-chair K-12 Institutions
713.292.5621
klsmith@fisherphillips.com
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Shiloh Theberge
Partner, Chair Higher Education
207.477.7004
stheberge@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/new-rule-caps-international-student-visas-at-4-years
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: Employee Criticism of Management on Internal Work Chats Is Protected Activity, ALJ Says - What Your Tech Business Needs to Know
ATLANTA, Georgia, July 21 -- Fisher Phillips, a law firm, issued the following insight on July 20, 2026:
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Employee Criticism of Management on Internal Work Chats Is Protected Activity, ALJ Says: What Your Tech Business Needs to Know
When an engineer at a software company criticized management, including its co-founder, in multiple posts on internal employee messaging platforms, the business fired her. But an administrative law judge at the National Labor Relations Board (NLRB) recently ordered the company to reinstate her, finding that her negative statements towards management were protected
... Show Full Article
ATLANTA, Georgia, July 21 -- Fisher Phillips, a law firm, issued the following insight on July 20, 2026:
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Employee Criticism of Management on Internal Work Chats Is Protected Activity, ALJ Says: What Your Tech Business Needs to Know
When an engineer at a software company criticized management, including its co-founder, in multiple posts on internal employee messaging platforms, the business fired her. But an administrative law judge at the National Labor Relations Board (NLRB) recently ordered the company to reinstate her, finding that her negative statements towards management were protectedconcerted activity. The July 1 case presents a cautionary tale for tech employers that want to respond to disparaging or sarcastic remarks made by employees about company officials: if the statement relates to workplace conditions, it's likely protected by federal labor law, even if you aren't unionized. Here's everything you need to know about the decision and what it could mean for your tech business.
Case Background
Denise Unterwurzacher worked at Delaware-based software company Atlassian for about 11 years. Between 2019 and 2023, she repeatedly posted on Atlassian's internal messaging and collaboration platforms criticizing management decisions affecting employees.
* First, it began with a 2019 post (public to Atlassian staffers) outlining several questions for HR regarding changes to engineering job titles. After following up on her request, she received a phone call from one of the company's CEOs, which she described as amicable, but critical. Although Unterwurzacher wasn't told she was disciplined, HR did write the incident up.
* Then in May 2023, after Atlassian announced a new stack-ranking performance review system, Unterwurzacher wrote a lengthy review of how the ratings may be "gaslighting" employees. Atlassian's HR team documented the incident in another ticket, noting that it sought external counsel and that they should not discipline her because the conduct was protected under the National Labor Relations Act (NLRA).
* Finally, in June 2023, Atlassian informed employees it was removing a front-line manager position. The company held a town hall session during which its co-CEO Mike Cannon-Brookes dismissed employee concerns about potential job losses from the change, stating "you should trust us to have done the work." Several employees posted negatively about the CEO's comments in a Slack channel called "Outrage Notifications." Unterwurzacher added to the pile-on, writing: "Whats up Outragers? Just dialing in from my NBA team's headquarters to yell at the people whose careers I've just pummelled, wyd?" (Cannon-Brookes co-owns the Utah Jazz basketball team and was wearing a Jazz shirt during the Zoom meeting.)
Shortly after, department leadership called Unterwurzacher into a meeting and informed her she was being terminated for "going against company values and violating community guidelines and codes of conduct." She was asked to sign a severance agreement that included confidentiality and non-disparagement provisions, which she declined.
Protected Posts
The ALJ found that Unterwurzacher's posts were protected concerted activity because they involved employees' terms and conditions of employment, including: job titles, promotion opportunities, performance evaluations, as well as layoffs and reorganizations. Because the posts either expressed group concerns and raised issues affecting multiple employees, the ALJ found them to be covered under Section 7 of the NLRA.
The judge rejected Atlassian's argument that it fired Unterwurzacher solely because she personally insulted co-founder Cannon-Brookes and concluded her protected activity was the motivating reason for her discharge. The company argued that a June 2023 slack post joking about Cannon-Brookes ("dialing in from my NBA team's headquarters...") was an unprotected personal attack.
The ALJ disagreed. Because the discussion occurred in an internal employee Slack channel while employees were discussing layoffs and organizational changes, and the comment contained no threats or profanity, among other factors, the judge determined that the 2023 post was protected under the NLRA.
Overly Restrictive Severance Agreements and Policies
Beyond the issue of Unterwurzacher's comments, the ALJ also found Atlassian's severance agreements violated board precedent in the 2023 McLaren Macomb decision, because it prohibited employees from discussing the existence or terms of the agreement with current or former employees and from making disparaging statements about Atlassian, its leadership, or employees.
The judge found these provisions could reasonably discourage employees from exercising Section 7 rights, including discussing workplace issues or cooperating with the NLRB.
The violation occurred simply by offering the agreements - even though Unterwurzacher refused to sign them.
Applying the Board's Stericycle standard, the ALJ found several of Atlassian's workplace rules were unlawfully overbroad because employees could reasonably interpret them as restricting protected activity. The judge said that company policies prohibiting employees from certain statements were illegal under board precedent:
* "ad hominem attacks;"
* disclosure of "confidential information" (where company policies broadly defined confidential information to include employee compensation); and
* communications that could negatively affect shareholders, customers, or partners.
Those rules could chill employees from discussing wages, criticizing management, or advocating collectively about working conditions, the ALJ said.
What's Next?
This decision was issued by an NLRB Administrative Law Judge, not the Board itself. Unless adopted by the National Labor Relations Board after any exceptions are filed (or unless modified on review), it does not constitute final Board precedent. It is the ALJ's recommended decision and order.
The Board's current composition adds another layer of uncertainty. The Senate HELP Committee advanced the nomination of James Macy July 15, and his confirmation by the full Senate would give Republicans the third vote traditionally needed to overturn existing precedent.
That could make this case a vehicle for revisiting several Biden-era standards on which the ALJ relied, including Stericycle's employee-focused test for workplace rules, McLaren Macomb's restrictions on confidentiality and non-disparagement provisions, and potentially the level of insulting or disrespectful conduct employees may engage in while otherwise participating in protected activity.
Any change would require the right issue to reach the Board in the proper procedural posture, so employers should continue complying with existing precedent for now, while recognizing that the legal framework underlying significant portions of this decision may look very different once a third Republican member is confirmed.
However, given that the decision is largely rooted in interpretations of current board precedent, the case does provide a real-world example of workplace policies and scenarios that could invite NLRB scrutiny.
What This Could Mean For Your Tech Business
Following this decision, tech employers should keep in mind that:
1. Federal labor law applies to your business even if you aren't unionized. Many employers make the mistake of thinking that the NLRA doesn't apply to them, or that the NLRB doesn't have a say over their business, because they aren't unionized. This decision is a reminder that this isn't the case.
2. Employee criticism of management may be protected. Even when sarcastic or pointed, negative comments about management can be covered by the NLRA if connected to workplace concerns.
3. Citing workplace policies isn't always a defense. Employers cannot avoid NLRA protection simply by characterizing employee criticism as violating civility policies.
4. Broad confidentiality and non-disparagement clauses in severance agreements continue to face increased scrutiny and invalidation under McLaren Macomb. As in this case, simply offering the prohibited agreement to an employee, even if they don't sign it, can constitute a violation.
5. Closely audit your handbooks to ensure they can't be construed as chilling concerted activities. Under Stericycle, broadly worded handbook rules that employees could reasonably read as restricting Section 7 activity face heightened scrutiny.
6. Train HR Professionals to maintain attorney-client privilege and work product. Here, the record contained attorney-client privileged information regarding Unterwurzacher's 2023 comments being protected by the NLRA. Management should ensure any conclusions by counsel are not included in non-privileged HR summaries.
Conclusion
Fisher Phillips will continue to monitor decisions and policy changes from the NLRB. Make sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information directly to your inbox. For further information, contact your Fisher Phillips attorney, the authors of this Insight, or any member of our Labor Relations or Tech Industry Team.
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Related People
Joshua D. Nadreau
Regional Managing Partner and Vice Chair, Labor Relations Group
617.722.0044
jnadreau@fisherphillips.com
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Brett P. Owens
Partner
813.769.7512
bowens@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/employee-criticism-of-management-on-internal-work-chats-is-protected-activity-alj-says
[Category: BizLaw/Legal]
A&O Shearman Expands Restructuring Practice With New Partner in New York
LONDON, England, July 21 -- A and O Shearman, a law firm, issued the following news on July 20, 2026:
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A&O Shearman expands Restructuring practice with new partner in New York
A&O Shearman announces today the addition of partner Joseph (Joe) Brown to its Restructuring practice in New York.
Joe joins A&O Shearman with broad experience in both creditor-side and debtor-side restructurings, including in-court and out-of-court restructurings, liability management and financing transactions, Section 363 sales, and bankruptcy litigation.
His experience across creditor committees, ad hoc groups,
... Show Full Article
LONDON, England, July 21 -- A and O Shearman, a law firm, issued the following news on July 20, 2026:
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A&O Shearman expands Restructuring practice with new partner in New York
A&O Shearman announces today the addition of partner Joseph (Joe) Brown to its Restructuring practice in New York.
Joe joins A&O Shearman with broad experience in both creditor-side and debtor-side restructurings, including in-court and out-of-court restructurings, liability management and financing transactions, Section 363 sales, and bankruptcy litigation.
His experience across creditor committees, ad hoc groups,DIP lenders, stalking-horse bidders, and debtors further strengthens the firm's ability to deliver comprehensive restructuring counsel to clients facing complex financial challenges. Throughout his career, he has represented major entities across financial services, technology and venture-backed companies, energy, airlines, pharmaceuticals, and cryptocurrency.
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"We are pleased to welcome Joe to the firm. His experience advising both creditors and companies on complex restructuring matters makes him an outstanding addition to our Restructuring practice, where clients look to us on high-stakes mandates in the U.S. and globally."
Adam Hakki, Partner, Co-Chair Executive Committee/Board and U.S. Chair
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"Joe's combination of restructuring experience, his expertise in liability management transactions and bankruptcy litigation, and his deep knowledge of the private capital and institutional investor space positions him to serve our clients as restructuring and market challenges continue to grow. I'm delighted he is joining the team," said Fred Sosnick, U.S. co-managing partner and global co-head Restructuring at A&O Shearman.
"I'm excited to join A&O Shearman and work with a globally integrated Restructuring practice and teams around the world. The firm's global platform and commitment to growing its restructuring capabilities create a powerful opportunity to help clients navigate complex restructuring challenges across jurisdictions," said Joe Brown.
Joe joins A&O Shearman from Davis Polk & Wardwell.
Joe's addition is the latest step in A&O Shearman's sustained investment in U.S. talent across multiple practice areas. The firm has recently welcomed a series of lateral partner hires that together further build out its U.S. capabilities: Matthew Karlyn (Digital, Data, IP and Technology in Boston), W. Andrew Lanius (Energy, Natural Resources, and Infrastructure in Houston), Kathryn Mims (Antitrust in Washington D.C.), Paul Astolfi (Energy, Natural Resources, and Infrastructure in Dallas), Katy McNeil (Energy, Natural Resources, and Infrastructure in Chicago), Michael Kim (Capital Markets in New York), Ned Schodek (Restructuring in New York), Jan Sysel (Fund Finance in New York), Valentine Bleicher (M&A in Chicago), Nick Ramphal (M&A in New York), and Catherine Hein (International Trade and CFIUS in Washington D.C.).
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Original text here: https://www.aoshearman.com/en/news/ao-shearman-expands-restructuring-practice-with-new-partner-in-new-york
[Category: BizLaw/Legal]
