On the labor front, one case that could catch the attention of both management and unions should the justices take it up involves the high court's so-called successorship doctrine.

The justices are considering a cert petition from Louisiana waste disposal company Creative Vision Resources LLC asking that they evaluate the standard for when a successor employer that takes over the assets of another business is obligated to bargain with the predecessor company's unionized workers.

Creative Vision is asking the high court to opine on whether "a union bargaining demand is necessary to trigger a successor employer's bargaining obligation."

"This is a very esoteric issue," said Denver-based Ballard Spahr attorney Steve Suflas. "But it's one that comes up a lot in M&A circumstances and frankly, as labor lawyers know, it's an issue that sometimes our brothers and sisters who do M&A work just miss."

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