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15 Feb, 2007 12:25 am
... 2002); Laznovsky v. Laznovsky, 745 A.2d 1054, 1067 (Md. 2000); Doe v. Orangeburg County School Dist. No. 2, 518 S.E. ... states, in
pertinent part: (e) Standard: Disclosures for judicial. . .proceedings. (1) Permitted disclosures. A covered entity may disclose
protected health information in the course of any judicial ... litigated in New Jersey. There, the courts have concluded that "[n]owhere in HIPAA does the issue of ex parte
interviews with treating physicians, as an informal discovery device, come ...
29 Jul, 2008 3:36 am
... or sibling. Adopted and step children, grandchildren, parents and siblings also qualify. Note that the owner or grantor does not count for this insurance. 5. Irrevocable
Trust Accounts. If the bank account records disclose the trust relationship, ... to each participant's share. 7. Corporation/Partnership/Unincorporated Association Accounts. Deposits
owned by one of these entities are insured separately up to $100,000 and are insured separately from
the personal accounts of the entity stockholders, ...
19 Sep, 2008 12:05 pm
... deliberations and decisions that go into the making of public policy' (Public Officers Law § 100)" {Perez v City Univ. of New York, 5 NY3d
522, 528 [ ... of conducting public business" (Public Officers Law § 102 [1]), and " [p]ublic body' means any entity, for which a quorum
is required in order to conduct public ... record sought, deny the request and claim a specific exemption to disclosure, or certify that it does not possess the requested
document and that it could not be located after a diligent ...
12 Mar 1:28 am
... (by selling their stock) without affecting the continuing existence of the business or the title to its assets. Thus, the perpetual existence of the entity is unaffected by
the death or withdrawal of any one shareholder. LLCs. Similar to a corporation, an LLC may have an unlimited ... LLCs, S corps are limited to one class of stock (meaning no preferred
stock financings) and 100 stockholders. Such inflexible features are typically unattractive to venture investors. Governance/Structure C Corps.
C ...
18 May 1:25 pm
... from which to make payments. This includes the duty to investigate, and, where appropriate, go to court to recover from persons or entities
who received more than their share. In actual fact, persons who are subject to these recovery efforts actually received money ... paid for by SIPC. Customer funds are never used to pay
for administrative expenses in a liquidation proceeding." SIPC does not provide a $500,000 "insurance" policy. Harbeck explained: "The maximum $500,000 dollar advance available
...
17 Mar, 2007 6:23 pm
... also explain our dorkiness, but it'd take so long that Blawg Review #100 wouldn't be posted until June 25. Instead, we'll just move ...
reaction among fellow passengers? And what are we to think of the suit's naming, as "John Doe" defendants responsible for damages, an "older
couple" who reacted with alarm and the gentleman of which " ... Amy Rothman published The False Claims Act: Recent Changes Affecting Health Care Entities that is posted now on his blog. Susan McDonald hosted Blawg Review #98 at ...
14 Nov, 2006 5:58 pm
... , etc.), which avoided fees relating to application size (currently $250 for large entities and $125 for small entities per 50 pages after the first 100). According to sources at the USPTO Electronic Business Center, the
requirements of Title 37 of ... of a paper copy) when filing sequence listings using EFS-Web. However, the USPTO recommends that filers include a statement that the content of the
sequence listing does not extend beyond the original disclosure (i.e., does not contain new matter), ...
2 Feb 4:30 am
... "fundamental change doctrine," a legal fiction allowing them to claim that they had involuntarily "purchased" units in the new entity which they then sold for cash. The
action was removed by the defendants, but the district court gave Katz the benefit of ... class actions are removable if they meet the requirements of the 2005 Act (100 investors, $5 million in controversy, minimal diversity). To read § 22(a) as Katz does would be to make most of § 1453(d) pointless." Judge
Easterbrook criticized the ...
27 Oct 11:57 pm
... the said assessment year. On 31.7.1992, the shareholders of the company had changed, through a transfer of 100% shareholding from the
original shareholder to the new shareholders. On this basis, the CIT contended that there had been a succession ... Hotel is concerned. ... The company is a juristic person having its
distinct legal entity separate from that of the shareholders. The change in the share-holders of the company does not change the legal identity of the company. On this
basis, the Court ...
26 Jul, 2007 6:12 am
How does the Internal Revenue Service apply partial payments made by a California business entity (or any other State entity) before January 1, 2003 on its Form 941 employer tax liability where the Trust Fund Recovery Penalty ... not always the earliest or oldest tax period or liability. A
voluntary partial payment made by a California business entity before January 1, 2003 on its Form 941 employer tax liability, where the
TFRP liability has been assessed and the Letter ...
19 Aug, 2007 11:05 pm
... increasingly furious. Her house got four feet of water after Hurricane Katrina, and still stands to get almost as much from a 1-in-100 flood. [ . . .] New Orleans was swamped by Hurricane Katrina; now it is awash in data, studied obsessively
in homes all over town. And ... . As noted in many posts over the past two years in the hurricane category of this blog, the performance of the various federal, state and local
governmental entities in rebuilding New Orleans has been generally abysmal, at best.
19 Dec, 2008 1:35 pm
... years old!), Dave and I finally made the "ABA Blawg 100" list. We are grateful for the recognition, particularly since we know that the
corporate & securities law community does read our stuff (for some reason, the annual ... or employee of any such department, establishment, or agency, acting in the course
of his official duty as such
. Depending on the nature of the entity making the investment, it may be able to rely on Section 3(c) to avoid filing beneficial ownership reports.
So that may ...
11 Sep, 2007 3:49 pm
... different roles in the pirating system," a three-judge appellate court panel wrote in its 2-1 decision. The decision, if it stands, could
have widespread implications, as DirectTV regularly sues ... entities or other upstream providers, not for individuals who simply plug a card
into a box to get TV," he said. "You can't have this huge $100, ... Eugene Siler said the bigger fines should apply. The act, he said,
"does not limit its application to manufacturers and sellers." The case is DirecTV v. Huynh, ...
14 Dec, 2007 3:31 am
Does your business sell products in the EU? If so there are many issues dealing with pricing, competition, marketing, and acquisition or merger with other entities that you need ... the issues relating to company acquisitions and EU Law. Some of the major issues are: 1.
A merger in the US needs to also be analyzed under the EU rules. 2. Some mergers ... the dreaded Hart-Scott-Rodino filing. 4. Filings can easily exceed 100 pages excluding annexes. 5. The process will take several months at a minimum. 6. ...
23 Jun 10:20 am
... drywall manufacturers would be docketed in the Eastern District of Louisiana. The United States Judicial Panel on Multidistrict Litigation is an entity of the United States
Federal Court System. It was created by Congress in 1968 under 28 U.S.C. §1407 ... -along actions that the Panel determined has "questions of fact common to the actions previously
transferred". The order does not become effective until it is filed with the transferee district court. The transmittal of the order to the transferee ...
15 Jul, 2008 6:22 pm
... Trusts, and Corporate Control: Evidence from Hershey's Kiss-Off. What this article does well is "crunch the numbers" to answer the sort of open-ended question
trusts-and-estates ... School Trust deserves equal blame. The general public holds non-profit entities to a higher civic standard than
for-profit companies, which means trustees of high- ... Trust's upside from the deal was going to be around $1 billion, its board of directors
could have easily set aside $100 million (or some other mind boggling ...
13 Jul 3:25 am
... over 30 years ago. It has grown from a company with paid-in capital of $7,500,000 to a entity with a policyholder surplus (think: net worth) of $251,321,321. Let me explain
what ... money to pay claims and defense costs and still have $251,321,100. SVMIC has 15,501 insureds (down from a high of 16,415 in 2005). The
number ... 16,213. Let me hasten to add that the fact that SVMIC has $251M in "extra" money does not necessarily mean that it can reduce rates or make dividend payments to its
owners. I don ...
17 Apr 2:22 pm
... two have been filed by plaintiffs who don't make or sell any real product or service - in other words, by non-practicing entities or
"patent trolls." Most of these cases seem to feature the same small set of contingent fee plaintiff's lawyers asserting patent ... potentially huge payoffs available in patent
litigation. Before 1990, there had been just one patent damage award of over $100 million. Since 1990, there have been at least 15, with at
least five topping $500 million." [emphasis added by ...
27 Oct 4:47 am
... incorporated into the business associate agreement between the business associate and the covered entity." Does "shall be incorporated" mean: · "Are hereby
incorporated by law" without further action ... § 1320d-5: HIPAA civil penalties N. The Old Civil Penalties Rules 1. $100 per violation of Privacy or Security Rule requirement or prohibition 2. Maximum ... your BAs be able to respond? Will they want to? T. Patient Access to
PHI 1. Existing Rule: 45 CFR § 164.524 An individual has a right of access ...
14 Aug 6:45 am
... , as well as anyone who commits securities fraud - and yet we have only 1,100 Enforcement staff
nationwide. It is thus critical that we leverage our limited resources ... in which we agree in the appropriate case to forego an enforcement action against an individual or
entity subject to certain terms, including full cooperation, a waiver of statutes of limitations, and ... to call my colleagues, when I say that just because we might be on third
base does not mean we think we hit a triple. Let me talk ...
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