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23 Oct 2009, 11:45 am
On the assumption that corporate liability is here to stay, however, the article argues that it is better regarded as a means to induce internal monitoring than as bona fide criminal punishment. [read post]
23 Jul 2010, 5:57 am
" The Staff's position expires for offerings commencing with an initial bona fide offer on or after January 24, 2011. [read post]
25 Oct 2011, 10:00 am
The court decided that the narrow application of the statute to a foreclosing owner avoided this result, because the owner may evict without cause once a purchase and sale agreement has been signed to sell the unit to a bona fide purchaser: We conclude that a modest reduction in the value of a real estate asset arising from the limitation on Fannie Mae's ability to evict tenants is not the sort of burden that is so unfair as to render c. 186A retroactive in… [read post]
13 Mar 2012, 5:00 am
They recognized that the theory had never been subject to bona fide scientific testing. [read post]
8 Dec 2011, 8:39 pm
This is what they had to say about abandoned heads of claim in Motto v Trafigura [2011] EWCA Civ 1150: “So where a claimant told a … representative, and bona fide and reasonably believed, that he or she had suffered a certain type of damage as a result of the injury, then it would be right to recover the necessary, reasonable and proportionate cost of making the claim to recover for that damage. [read post]
12 Apr 2012, 11:17 am
Bona fide relief from duty and the relinquishing of control satisfies the employer’s obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay under Wage Order No. 5, subdivision 11(B) and Labor Code section 226.7, subdivision (b). [read post]
23 Aug 2010, 6:36 am
Although most of us will probably never know what it’s like to be a bona fide rock star, two named executive officers at OfficeMax, Inc. [read post]
2 Feb 2012, 9:37 am
If you as a broker or the franchisor has a bona fide prospect considering a particular franchise you as the broker must communicate an FDD request to the franchisor. [read post]
25 Aug 2017, 6:24 am
” Third, the Rule provides that a census tract reporting error will be considered a bona fide error and not a violation of HMDA or Regulation C if a financial institution obtains an incorrect census tract number from the CFPB’s soon-to-be-online geocoding tool, as long as the financial institution entered an accurate property address into the tool and the tool returned a census tract for the address entered. [read post]
16 Jan 2018, 12:00 am
In this case, Victorville bought the Inverrary Golf Course and Clubhouse subject to a restrictive covenant that stated: …when at any time [the Golf Course] has a roster of Fifteen Hundred Golf Memberships…it will not at any such time offer, sell, or admit to golf membership any persons or families not then bona fide residents of Inverrary. [read post]
13 Jan 2015, 9:30 pm
On the other side of the argument are supporters – also including many bona fide conservatives –who want to give this reform time to work. [read post]
18 Dec 2010, 2:16 am
The consensus is that where the respondent “has not attempted to sell the domain name for profit, has not engaged in a pattern of conduct depriving others of the ability to obtain domain names corresponding to their trademarks, is not a competitor of the complainant seeking to disrupt the complainant’s business, and is not using the domain name to divert Internet users for commercial gain,” lack of bona fide use on its own is insufficient to establish bad… [read post]
9 Dec 2020, 9:57 am
In 2006, Australian filed a petition to cancel the registration of the NAKED mark asserting Australian’s prior use of the mark and sought cancellation based on fraud, likelihood of confusion, and lack of bona fide intent to use the mark. [read post]
15 Feb 2016, 8:53 am
Under the UCC, a bona fide purchaser of a good takes “good title” presumably free of any encumbrance (such as a reuse restriction). [read post]
15 Jan 2012, 7:00 pm
In some circumstances, an employer may still be able to justify a mandatory retirement policy if it can establish a bona fide occupational requirement (BFOR) requiring an employee to retire at age 65 or earlier. [read post]
10 Jan 2018, 3:30 am
Let’s assume that the employer has a “bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability. [read post]
1 May 2012, 4:58 am
DC Residence requirements/jurisdiction: A divorce action or a legal separation in DC would require that at least one of the parties to the action has been “a bona fide resident of the District of Columbia for at least six months next preceding the commencement of the action. [read post]
15 Jul 2020, 3:30 am
But, as of July 1, 2020, the WHD stopped assessing pre-litigation liquidated damages if any one of the following circumstances exists: there is no clear evidence of bad faith and willfulness; the employer’s explanation for the violation(s) show that the violation(s) were the result of a bona fide dispute of unsettled law under the FLSA; the employer has no previous history of violations; the matter involves individual coverage only the matter involves complex section 13(a)(1)… [read post]
11 May 2010, 2:38 am
Forum October 8, 2001); pay-per-click websites constitute a bona fide use (absent targeting), Terana, S.A. v. [read post]
15 Nov 2010, 1:32 pm
(But remember to check the bona fides of the private investigator before you hire anyone.)3) Oregon private investigators can be licensed through the Oregon Department of Public Safety Standards and Training (DPSST).4) Also, there are other private investigator associations and blogs, e.g. [read post]