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12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Since the Rule does not revoke existing EBSA fiduciary guidance or judicial precedent, service providers and other parties with discretionary authority or responsibility over employee benefit plans not covered by the Rule still could qualify as fiduciaries if their authority, responsibility or actions functionally causes them to fall within the definition of a fiduciary under these other pre-existing definitions of fiduciary status. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Since the Rule does not revoke existing EBSA fiduciary guidance or judicial precedent, service providers and other parties with discretionary authority or responsibility over employee benefit plans not covered by the Rule still could qualify as fiduciaries if their authority, responsibility or actions functionally causes them to fall within the definition of a fiduciary under these other pre-existing definitions of fiduciary status. [read post]
12 Apr 2016, 9:25 am by Eugene Volokh
You can read the brief supporting the motion, but our main constitutional arguments are these: 1. [read post]
2 Mar 2016, 4:26 pm by Kevin LaCroix
  Terms are negotiated among the various believers and non-believers; a rules committee is formed; and Luke agrees to a one-hour time limit in which to eat all 50 eggs. [read post]
5 Feb 2016, 1:25 pm by Stephen Bilkis
Turning first to the City's contention that the notice of claim lacks the required specificity in that it fails to identify the agency (i.e., CWA) that placed [JP] in custodial care and neglected to "remove [him] from the residence", it does not appear to this Court based on the papers before it that the City has been prejudiced by the alleged vagueness in the notice or deprived of an opportunity to conduct a meaningful investigation (see General Municipal Law… [read post]
14 Jan 2016, 11:12 am by Kenneth Vercammen Esq. Edison
So, while the Division does investigateall verified complaints of discrimination filed with its offices, it is clear that many morecomplaints have been filed with third-party advocacy organizations.Among those who participated in the hearings were representatives of:• New Jersey State Bar Association• Garden State Equality16 (GSE)6• New Jersey Family Policy Council (NJFPC)• Lambda Legal17• American Civil Liberties Union of New Jersey (ACLU-NJ)• Nati [read post]
13 Jan 2016, 5:05 pm by Kevin LaCroix
  We note that:  1) the sheer magnitude of a cyber-attack exacts a calamitous injury of risk and tumult, far more penetrating than for instance, a financial reporting mishap; and 2) the rising morass of regulatory attention on cyber-attacks has begun to surpass governmental attention on corporate financial reporting. [read post]
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S.… [read post]
21 Sep 2015, 5:15 am by Rebecca Tushnet
  JEMSU’s content wasn’t arbitrary or utterly irrelevant to General’s operations – “for example, it does not consist of links to General’s website embedded in randomly-generated sentences, paragraphs from ‘Moby Dick,’ or even portions of generic, neutrally-phrased encyclopedia articles about the history and manufacture of steel. [read post]
14 Sep 2015, 5:13 am by Sanjana
Sri Lanka will be the first country in the world to employ these balloons, called Project Loon[1], commercially and at this scale. [read post]
31 Aug 2015, 10:50 am
Moreover, when Congress passes an agency-administered statute with an ambiguous term, the Chevron rule (when it applies) interprets the ambiguity as an implicit delegation of interpretive power to agencies. [read post]
28 Jul 2015, 1:34 pm by Anthony B. Cavender
Chief Justice Roberts noted that the petition for certiorari raised three questions: (1) Does the Fifth Amendment’s Takings Clause apply to both real and personal property, and the court, beginning with a reference to Magna Carta held that it does; (2) was the reserve requirement imposed by the Raisin Administrative Committee a “clear physical taking”, and the Court ruled that it was; and (3), whether a governmental mandate to relinquish specific… [read post]
20 Jul 2015, 9:07 am by Marty Lederman
 The rule defines an eligible “closely held for-profit entity” as one that is not publicly traded; that has an ownership structure under which more than 50 percent of the organization’s ownership interest is owned by five or fewer individuals; and that objects to providing contraceptive coverage based on its owners’ religious beliefs. [read post]
14 Jul 2015, 8:13 pm by Stephen Bilkis
"A provider such as the petitioner is entitled to payment only to the extent that it has afforded goods or services to an 'eligible.' If, as in the case at bar, it develops that services have been provided to one deemed ineligible for benefits, a cause of action may be spelled out against that ineligible or even against the governmental agency designated to declare ineligibility. [read post]