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As a preliminary matter, the Court rejected the DOL’s 6-factor test, ruling that the agency’s test is “too rigid” and that it is not entitled to “special competence or role in interpreting” the Portland Terminal decision. [read post]
7 Jun 2022, 10:32 am by Roger Parloff
There is actually a disquietingly strong case at this point that Trump should be disqualified under Section 3 as a factual matter. [read post]
21 Jul 2009, 10:26 am
As a preliminary matter, the First Circuit upheld the district court’s consideration of the lower court judgment in the context of a Rule 12(b)(6) motion. [read post]
7 May 2018, 1:07 pm by Kirstin D. Kanski
  To instill confidence in its enforcement actions, we urge the Bureau to adopt a policy of using the federal courts as the exclusive venue for such actions. [read post]
15 Jul 2014, 8:29 am by Peter S. Lubin and Vincent L. DiTommaso
Regarding the circuit court’s ruling, Roach said that it constitutes a “green light to do anything that’s technically illegal on the Internet. [read post]
11 Feb 2009, 1:18 pm
It is uncertain how a South Carolina court would rule on this issue. [read post]
30 May 2023, 2:48 am
" The Court ruled that the clothing designs at issue constituted product design. [read post]
1 Jul 2016, 6:11 am by John Jascob
This trend is important, he explained, because the last time it occurred was before the SEC’s adoption of new independence rules and the enactment of the Sarbanes-Oxley Act, both in response to accounting firms’ unsuccessful attempts to serve dual roles.Harris noted that auditor independence violations continue to occur 16 years after the adoption of the SEC’s independence rules. [read post]
5 Apr 2023, 4:39 am by Russell Knight
“The deponent in a discovery deposition may be examined regarding any matter subject to discovery under these rules. [read post]
29 Mar 2020, 4:13 pm by Francis Pileggi
Ch. 2013) Vice Chancellor Laster interpreted that ruling as holding that Delaware corporations could adopt a forum selection bylaw to regulate “internal affairs claims brought by stockholders qua stockholders,” but not “to regulate external relationships” such as securities law matters. [read post]
8 Aug 2012, 1:58 pm by James Hamilton
Thus, the board could not have consciously disregarded a known duty to act sufficient to rise to the level of bad faith.In these circumstances, there was no basis on which to find demand futility, said the court, regardless of whether Delaware, as a normative matter, should adopt an express requirement that corporate fiduciaries must implement long term succession plans. [read post]
17 Aug 2016, 11:22 am by Cynthia L. Hackerott
The OFCCP’s definition of “similarly situated” for the purposes of evaluating compensation differences in its new sex discrimination regulations is so broad that it provides little guidance for federal contractors and goes beyond Title VII standards, two attorneys who handle OFCCP compliance matters recently told Employment Law Daily. [read post]
17 Sep 2008, 12:15 am
The DC Circuit held that the PCAOB, as a matter of administrative structure, was constitutional. [read post]
4 Jun 2009, 1:41 pm
> Never discuss client matters with anyone outside the office. [read post]
4 May 2009, 11:32 am
Having written several posts on the South African Constitutional Court's socio-economic rights rulings, I want to suggest the Court has adopted an interpretive methodology that can be called "transformative pragmatism. [read post]
28 Oct 2014, 7:41 am
The Court ruled that the ICJ’s interpretations of treaties are not binding on U.S. courts, and that compliance with international law does not override domestic constitutional principles, or even matters of criminal procedure. [read post]
22 Dec 2018, 3:04 am
 Most important piece of legislationOutside Europe, in the US the most significant development has likely been the adoption of the Music Modernization Act. [read post]
8 Apr 2009, 9:24 am
The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. [read post]