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20 Apr 2020, 10:09 am by Shepard A. Federgreen
And, if the tenant does communicate with the landlord in advance, the question becomes whether to dictate what will and won’t be paid or to ask for a deferral or abatement of rent. [read post]
14 Apr 2020, 5:26 pm by Eugene Volokh
" Inherent in that authorization is the Governor's ability to identify the areas where movement of persons must be abated and which premises will be restricted in order to mitigate the disaster. [read post]
14 Apr 2020, 5:03 pm by Eugene Volokh
As to the Takings Clause question, the majority held that temporary moratoria on the use of the property to prevent danger to health and safety aren't takings (and thus don't require compensation under the federal or state constitutions): In Nat'l Amusements Inc. v. [read post]
14 Apr 2020, 1:11 pm by Hedge Fund Lawyer
Such relief by the CFTC is not without conditions – if CPOs do indeed rely on such extensions they must: (i) Establish and maintain a sufficient supervisory system reasonably designed to supervise the activities of personnel while working from alternative or remote locations during the COVID-19 pandemic; and (ii) return to ordinary compliance with all CFTC rules covered by the relief as the COVID-19 pandemic abates. [read post]
13 Apr 2020, 5:00 am by Robert Klasfeld
Case law on COVID-19 exposure doesn’t exist yet, but the courts consistently held that workplace illnesses, such as HIV needle sticks, are covered by worker’s compensation. [read post]
8 Apr 2020, 7:42 am by Peter Tannenwald
  Although forty-eight hours have passed, we don’t know yet whether traffic through the gateways is being blocked. [read post]
6 Apr 2020, 1:05 pm by Sherin and Lodgen
Regardless of merit, these positions may simply set a difficult tone during and after the resolution, and the current court closures and restrictions (and likely backlog when those abate) won’t easily or quickly allow for a judicial determination. [read post]
4 Apr 2020, 4:00 am by Public Employment Law Press
Listed below are the captions of the most frequently accessed postings.Abolishing a position for economic reasonsAbsent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officerAcquiring tenure in the position by tenure by "operation of law," sometimes referred to as tenure by estoppel or tenure by acquiesceActions of an employee prior to his or her promotion may properly form the basis for terminating… [read post]
4 Apr 2020, 4:00 am by Public Employment Law Press
Listed below are the captions of the most frequently accessed postings.Abolishing a position for economic reasonsAbsent a statutory or negotiated administrative hearing procedure, an appointing authority may delegate decision-making authority to the hearing officerAcquiring tenure in the position by tenure by "operation of law," sometimes referred to as tenure by estoppel or tenure by acquiesceActions of an employee prior to his or her promotion may properly form the basis for terminating… [read post]
Since the Department of Labor (DOL) regulations are now finalized, we thought it would be a useful exercise to revisit some of our prior FAQs that relate to the FFCRA and the new regulations. [read post]
2 Apr 2020, 8:10 am by Jillian C. York
Automated technology doesn’t work at scale; it can’t read nuance in speech the way humans can, and for some languages it barely works at all. [read post]
2 Apr 2020, 6:27 am by Shepard A. Federgreen
If your current facts allow you to proceed under this clause, then, unlike with the force majeure clause, a tenant is almost certainly entitled to an abatement of rent. 4. [read post]
2 Apr 2020, 4:08 am by SHG
Can we keep it that way and return to the culture wars after the threat has abated? [read post]
1 Apr 2020, 6:47 am by bcuban
This fear tends to then abate and reappear later in life. [read post]
31 Mar 2020, 2:30 pm by Joel R. Brandes
Brandes  titled "Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship". appears in the New York State Bar Association Family Law Review, Winter 2020, Vol. 52, No. 1. [read post]
27 Mar 2020, 6:28 pm by Bobby Misko
If your lease contains similar language, it means that your obligations to pay rent, and other amounts due, are not abated or suspended during the force majeure event. [read post]
26 Mar 2020, 11:25 am by Ashoka Mukpo
“Now at least people aren’t on the floor, they have bunk beds, but they’re all crammed into one huge room in a warehouse. [read post]
26 Mar 2020, 8:45 am by Kevin Kaufman
” Further, the government has lifted the ceiling on businesses’ tax accounts so that companies won’t have to pay negative interest rates when placing cash in the bank. [read post]