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5 May 2020, 3:43 pm
Extraterritorial obligations are defined here as moral obligations of a legitimate authority to perform or not to perform an act vis-à-vis individuals who are not its subjects. [read post]
5 May 2020, 5:20 am
The next section of this Article, Part VI, turns from racial categorization in the Minority Business Enterprise context to adjudication of claims of minority status by individuals seeking to benefit from affirmative action in employment. [read post]
4 May 2020, 4:46 pm
Moreover, as the Court has now indicated, where the GDPR appears silent on the means for ensuring this balance vis-à-vis particular provisions then its other derogatory standards may still indicate applicable tests for designating limitations where strictly necessary. [read post]
4 May 2020, 12:03 pm
The coronavirus has spread to all 50 states, the District of Columbia and multiple territories, with case totals still increasing rapidly in the United States. [read post]
4 May 2020, 9:00 am
[2]Lévis (City) v Tétreault; Lévis (City) v 2629-4470 Québec inc. [read post]
4 May 2020, 2:18 am
The purpose-bound character of legal privilege will hence determine its scope of protection: as attorney-client correspondence is critical for the preparation of a defence, such correspondence is covered by legal privilege, even vis-à-vis court agents. [read post]
4 May 2020, 12:16 am
” The Operating Agreement Shatz involves a dispute between co-members of a New York limited liability company called Vast Ventures VI LLC. [read post]
3 May 2020, 12:08 pm
AMCA] with deficient cybersecurity and breach detection; (iv) failing to ensure that the Company, as well as its business associates, utilized proper cybersecurity safeguards to adequately secure the PII and PHI; (v) failing to have a sufficient incident response plan to immediately respond to Data Breaches; (vi) consciously disregarding, delaying, and failing to ensure that the Company notified all potentially affected individuals and entities in a timely manner upon discovering the Data… [read post]
3 May 2020, 6:30 am
For the Symposium on Gerald Leonard and Saul Cornell, The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders' Constitution, 1780s-1830s (Cambridge University Press, 2019). [read post]
2 May 2020, 3:17 am
A few days ago, the Court of Justice of the European Union (CJEU) issued its judgment in the important Gömböc referral (C-237/19) [see here for a discussion of the background].The decision, which is analyzed in detail on The IPKat here and has been also discussed in the context of the Journal of Intellectual Property Law & Practice’s first EU trade mark live webinar [from 1:06:00; for the dates of the next webinars, see here], is equally relevant to trade mark law (it was… [read post]
1 May 2020, 4:57 pm
Among other things, the Bulletin announces that the Division “expects” carriers to take steps to (i) forego prior authorization review or concurrent review for any scheduled surgeries and health admissions at acute care and mental health hospitals for 60 days (or the end of the emergency period if the public health emergency ends prior to the 60 day period); (ii) devote carrier resources to assist hospitals with discharge planning; (iii) provide hospitals additional time to respond to… [read post]
1 May 2020, 3:40 pm
Click here to view and subscribe. [1] The Seventh Interim Final Rule is effective without advance notice and public comment because Section 1114 of the CARES Act authorizes SBA to issue regulations to implement the PPP without regard to notice requirements. [2] The Seventh Interim Final Rule is supplemental to the (i) First Interim Final Rule issued by the SBA on April 2, 2020, (ii) Second Interim Final Rule issued by the SBA on April 3, 2020, (iii) Third Interim Final Rule issued by the… [read post]
1 May 2020, 1:34 pm
In this regard, note that the GDPR provides for exceptions to information duties in certain scenarios under article 14(5) GDPR, and that transparency vis-à-vis trial subjects and patients remains one of the most important principles where sensitive data are to be processed. [read post]
1 May 2020, 5:21 am
CASE: Change of Status / I-539NATIONALITY: FilipinaLOCATION: Christiansted, VI Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor visa to work in the United States. [read post]
1 May 2020, 5:16 am
The economic fallout of COVID-19 has caused many municipalities, school districts and BOCES in New York State to consider laying off staff in order to close budget gaps. [read post]
1 May 2020, 5:16 am
The economic fallout of COVID-19 has caused many municipalities, school districts and BOCES in New York State to consider laying off staff in order to close budget gaps. [read post]
30 Apr 2020, 6:13 pm
Introduced by Micaela FrulliDiego Mauri, The political question doctrine vis-à-vis drones’ ‘outsized power’: Antithetical approaches in recent case-law Martina Buscemi, The non-justiciability of third-party claims before UN internal dispute settlement mechanisms. [read post]
29 Apr 2020, 11:23 pm
by Nadia Rusinova The coronavirus will have an enormous impact on how we consume, how we learn, how we work, and how we socialize and communicate. [read post]
29 Apr 2020, 6:45 am
" Shakespeare, Henry VI, Part 2, Act IV, scene 2. [read post]
28 Apr 2020, 2:34 pm
Or, vis-a-vis the Ninth Circuit, overrule en banc precedent.Today's opinion is, I suspect, the opening skirmish of precisely such a fight.The question is what you do when the trial court messes up a Daubert inquiry for an expert and either admits or excludes that expert's testimony (e.g., by applying the wrong legal standard), and we can't subsequently tell on appeal whether employing the correct standard the expert's testimony would have been… [read post]
