Yesterday's Daily Journal had this practice article with a defense perspective on the Fifth Circuit's decision in D.R. Horton, Inc. v. National Labor Relations Board, ___ F.3d ___ (5th Cir. Dec. 3, 2013), discussed in this blog post.
In a similar vein, readers may be interested in "Horton Hatches the Egg: Concerted Action Includes Concerted Dispute Resolution," 64 Ala. L. Rev. 1013 (2013). The article was cited in the Fifth Circuit opinion:
A thorough explanation of the strongest arguments in favor of the Board’s decision, which embraces the Board’s distinctions from earlier Supreme Court pronouncements on arbitrations and adding some of its own, appears in a recent law review article. Charles A. Sullivan & Timothy P. Glynn, Horton Hatches the Egg: Concerted Action Includes Concerted Dispute Resolution, 64 ALA. L. REV. 1013 (2013). We do not adopt its reasoning but note our consideration of its advocacy.
Slip op. at 25 n.11.