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2 Oct 2019, 12:12 pm
Cir. 2016) to emphasize that the case only permitted Title II common carrier attribution to functions like domain name look ups and caching, but did not mandate it. [7]            The court also validated the FCC’s reclassification of mobile broadband Internet access as a private, non-common carrier service, despite an amendment to the Communications Act creating a definition for Commercial Mobile Service provided by cellular… [read post]
2 Oct 2019, 12:12 pm
Cir. 2016) to emphasize that the case only permitted Title II common carrier attribution to functions like domain name look ups and caching, but did not mandate it. [7]            The court also validated the FCC’s reclassification of mobile broadband Internet access as a private, non-common carrier service, despite an amendment to the Communications Act creating a definition for Commercial Mobile Service provided by cellular… [read post]
1 Oct 2019, 8:07 pm by Sam Turco
Does Bankruptcy Rule 9011 and Bankruptcy Code Section 707(b)(4)(C) apply? [read post]
30 Sep 2019, 11:00 pm
"Further, the court considered that Nintendo had standing to sue on all three of the sub-sections 2(a), (b) and (c) - "(a) a person-- (i) issuing to the public copies of, or (ii) communicating to the public, the computer program to which the technical device has been applied; (b) the copyright owner or his exclusive licensee, if he is not the person specified in paragraph (a); (c) the owner or exclusive licensee of any intellectual property right in… [read post]
27 Sep 2019, 11:47 am by Anthony Zaller
Part B: Does the worker perform work that is outside the usual course of the hiring entity’s business? [read post]
27 Sep 2019, 6:23 am
An Analysis of the Decision-making Practice of the Single Resolution Board Piotr Sitnik, The Dual/Multiple Nature of “Plain and Intelligible Language” of Unfair Terms in Consumer Contracts under European Law and Its Polish Transposition Polish Practice of International LawSylwia Majkowska-Szulc & Arkadiusz Wowerka, Cross-border Transfer of a Seat, Cross-border Conversion or the Coming into Existence of a New Company? [read post]
26 Sep 2019, 3:21 pm by Kevin LaCroix
B – The worker performs work that is outside the usual course of the hiring entity’s business. [read post]
FERC proposed to consider the following factors when reviewing RFPs: (a) whether there was an open and transparent process; (b) whether solicitations were open to all sources to satisfy that purchasing electric utility’s capacity needs, taking into account the required operating characteristics of the needed capacity; (c) whether solicitations were conducted at regular intervals; (d) whether there was oversight by an independent administrator; and (e) whether state regulatory… [read post]
FERC proposed to consider the following factors when reviewing RFPs: (a) whether there was an open and transparent process; (b) whether solicitations were open to all sources to satisfy that purchasing electric utility’s capacity needs, taking into account the required operating characteristics of the needed capacity; (c) whether solicitations were conducted at regular intervals; (d) whether there was oversight by an independent administrator; and (e) whether state regulatory… [read post]
26 Sep 2019, 9:43 am by Yosie Saint-Cyr
The judge relied heavily on the reasoning in Gillies v Goldman Sachs Canada Inc., 2000 BCSC 355 (CanLII) where the British Columbia Supreme Court provided a list of factors that help determine if an employee has a reasonable expectation of entitlement to a bonus: (a) whether a bonus was received in prior years; (b) whether bonuses were required in order to remain competitive with other employers; (c) whether bonuses were historically awarded and the employer had ever exercised… [read post]
25 Sep 2019, 7:29 pm by Daniel Shaviro
Consider, for example, a pharma company producing one of its hot new products at a production facility in a tax haven. [read post]