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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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FCPA: 2016 Year in Review & 2017 Enforcement Predictions

A review of trends and developments in FCPA as well as a look ahead into what to expect for 2017. This report aims at providing corporate leaders and companies with the knowledge they need to comply with the FCPA and avoid litigation in 2017.

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Labor Talk Blog: NLRB Continues to Strike Down Arbitration Agreements

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January 24, 2014

Readers of a previous post will recall that in December 2013, the Fifth Circuit Court of Appeals rejected the view of the National Labor Relations Board (NLRB or the Board) in the significant D.R. Horton ruling. There, the Fifth Circuit held that an arbitration agreement that requires employees to arbitrate all employment disputes but restricts the arbitration proceedings to individual arbitrations only (i.e., not allowing class or collective arbitrations) does not violate Section 7 of the National Labor Relations Act.

The Board's administrative law judges (ALJ), despite this ruling, are continuing to follow the Board's reasoning in D.R. Horton and strike down such agreements. Most recently, just last week, in Leslie's Poolmart, Inc., 21-CA-102332 (Jan. 17, 2014), ALJ Lisa Thompson seemed to go even further. Judge Thompson reasoned that an arbitration agreement violated an employee's Section 7 rights, even though the agreement was silent as to requiring class or collective action waiver. The Judge reasoned it was still unlawful under D.R. Horton since the employer intended that effect, as evidenced by the employer's not only seeking to compel arbitration but also seeking to dismiss the class/collective claims.

The Board likely will continue this attack on such agreements until the Supreme Court rules on D.R. Horton, and employers would be wise to seek counsel in drafting, or attempting to enforce, such agreements.

For more Labor and Employment information, visit www.BassBerryLaborTalk.com.


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