Latest Case: Dish Network Corp. v. NLRB (Labor & Employment Law)

The Importance of Incorporating “Soft Skills” Into Your Legal Writing

VIKRAM DAVID AMAR, JULIE SCHRAGER

Illinois Law dean Vikram David Amar and Schiff Hardin writing coach Julie S. Schrager explain the importance of incorporating “soft skills”—rooted in emotional intelligence and viewing your writing from your reader’s perspective—into legal writing. Amar and Schrager offer four key tips to help legal writers, whether first-year law students or seasoned attorneys, become more effective communicators.

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Dish Network Corp. v. NLRB

Docket: 18-60522

Opinion Date: March 20, 2020

Judge: Oldham

Areas of Law: Labor & Employment Law

The Fifth Circuit held that the Board did not have substantial evidence to gainsay DISH's impasse determination and penalize the employer for refusing still more years of negotiation. In this case, the Board's decision rested on an unsound factual foundation from the ALJ. Furthermore, the court held that the Board lacked substantial evidence merely because it failed to grapple with countervailing portions of the record. Finally, the court held that some of the Board's counterarguments were not properly before the court and rejected all of the counterarguments.