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16 Apr 2024, 5:29 am
Securities and Exchange Commission (SEC) continues to broaden the use of forfeiture of executive compensation as a regulatory tool with an increased emphasis on making employers do the clawing-back themselves.In October 2022, the SEC adopted the new Rule 10D-1, 17 C.F. [read post]
31 Jan 2024, 6:22 am
This blog addresses those questions, which I expand upon in my note, High Caliber, Yet Under Fire: The Case for Deference to ATF Rulemaking.[2] In the note, I explore the primary justifications for the rule of lenity, explain why they do not apply when agencies engage in notice-and-comment rulemaking, and argue that, as an agency with technical expertise in an area that experiences rapid technological advancement and is subject to continual political accountability, the ATF presents… [read post]
5 Nov 2023, 3:10 pm
The adjusted amounts are applicable only to CMPs whose violations occurred after November 2, 2015. [read post]
26 Sep 2023, 6:00 am
An "Administrative action is arbitrary when it is without a sound basis in reason and is taken without regard to the facts," noting C.F. v New York City Dept. of Health & Mental Hygiene, 191 AD3d 52 and other decisions cited in the opinion; and 3. [read post]
26 Sep 2023, 6:00 am
An "Administrative action is arbitrary when it is without a sound basis in reason and is taken without regard to the facts," noting C.F. v New York City Dept. of Health & Mental Hygiene, 191 AD3d 52 and other decisions cited in the opinion; and 3. [read post]
17 Jul 2023, 12:32 pm
[xxvii] The Committee reported that the “VA’s current appeals process is broken” because “the quantity of undecided appeals at VA” increased by 20% in a little over 2 years. [read post]
28 May 2023, 9:23 pm
But, c.f. [read post]
20 Sep 2022, 6:11 am
C.F. [read post]
28 Aug 2022, 3:57 pm
And then altering time frames again by striking ‘‘2 years’’ and inserting ‘‘4 years’’, and by striking before ‘‘that construction of such property begins’’ and inserting ‘‘such property is placed in service’’. [read post]
17 May 2022, 3:38 am
C.F. [read post]
15 Apr 2022, 8:23 am
Needelman, 83 So. 2d 113 (Fla. 1955) (providing that the landlord failed to comply with its obligations under the lease agreement to maintain the roof and outside walls of the premises); C.f., Carner v. [read post]
20 Jul 2021, 12:54 am
Part 2: subject matter boundaries & requirements for protection Chapter 5, by Martin Sentfleben, critically assesses the registration as trade marks of signs with cultural significance or even works of art [earlier work here]. [read post]
5 Jul 2021, 4:39 am
C.F. [read post]
20 Jan 2021, 4:00 pm
DOL regulation 29 C.F. [read post]
21 May 2020, 2:35 pm
In the following guest post, Partners Gregory T. [read post]
18 May 2020, 11:00 pm
, in: August Reinisch, Stephan Hobe, Eva-Maria Kieninger & Anne Peters (eds), Unternehmensverantwortung und Internationales Recht, C.F. [read post]
17 May 2020, 11:00 pm
Granting the host state the right to bring a counterclaim might compensate this asymmetry up to a certain degree. 2. [read post]
14 May 2020, 11:00 pm
The approach followed is not to impose specific results but to create procedures by which CSR is given further flesh on the basis of a continuing dialogue between all relevant stakeholders. 2. [read post]
13 May 2020, 11:00 pm
Civil litigation cannot be a substitute for such mechanisms – particularly if it takes place far away from the place where the relevant events occurred. 2. [read post]
13 May 2020, 3:22 am
Pursuant to Article 3 (2) of Directive 2009/15 this is also possible under EU law. [read post]
