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21 Nov 2023, 4:00 am by Michael Woods and Gordon LaFortune
For New Zealand this was a breach Canada’s Article 2.30(1)(b) (the “Processor Clause”) that: (b) unless otherwise agreed, it does not allocate any portion of the quota to a producer group, condition access to an allocation on the purchase of domestic production or limit access to an allocation to processors. [read post]
20 Nov 2023, 9:01 pm by renholding
In this case, the Ponzi scheme presumption allows the Court to presume that BLMIS made the initial transfers with actual intent to defraud because Madoff has admitted to operating a Ponzi scheme.32 In addition, the court noted that prior decisions of the District Court in the BLMIS case established that section 546(e) does not apply to transfers [read post]
  Further, the EDPB emphasizes that Article 5(3) ePD does not put any upper or lower limits on the length of time information must remain on a storage medium to be considered “stored,” nor on how much information is stored. [read post]
20 Nov 2023, 12:41 pm by Adam Schurle and Tori Roessler
Retrofitted Energy Property – While the Proposed Regulations provide that energy property generally does not include equipment that is an addition to, or modification of, an existing energy property, the Proposed Regulations incorporate an exception for property that satisfies the well-established 80/20 rul [read post]
20 Nov 2023, 11:59 am by Ronald V. Miller, Jr.
(iii) This subsection does not apply to tinting materials that: Are affixed in such a manner so as to be easily removed; and Are being used to protect a child less than 10 years of age from the sun. [read post]
20 Nov 2023, 10:19 am by Ashley Morgan
Hospice Audit and Investigative Actions are Expected to Rise in 2024 (November 20, 2023): Medicare, Medicaid, and most private insurance plans cover hospice care and related services. [read post]
20 Nov 2023, 7:33 am
   [A] replacement candidate forced to plunge into the middle of a campaign without a rehearsal period may appear to the voters as a more flawed option than Biden does today. [read post]
20 Nov 2023, 7:31 am by Marcel Pemsel
Yet he does not seem to be famous enough to get his name registered as an EU trade mark. [read post]
20 Nov 2023, 7:18 am by Chris Castle
This is of particular importance given that The MLC does not own the musical works database that may get transferred to a successor if The MLC, Inc. is not designated for another five years, another review process that is starting imminently. [read post]
20 Nov 2023, 5:30 am by Josh Blackman
The APA expressly authorizes a court to "hold unlawful and set aside agency action" that violates the Act. 5 U. [read post]
20 Nov 2023, 5:00 am by Written on behalf of Peter McSherry
Sotheby’s terminated the relationship without cause or notice on July 5, 2022. [read post]
20 Nov 2023, 5:00 am by Written on behalf of Peter McSherry
Sotheby’s terminated the relationship without cause or notice on July 5, 2022. [read post]
20 Nov 2023, 4:00 am by Derrick George
If you have previously been convicted of violating or attempting to violate subsection 1(a), the penalty increases to imprisonment for up to 5 years, a fine of up to $5,000, or both. [read post]
20 Nov 2023, 3:58 am by Dan Harris
There is no right way to handle this other than being sure both sides of the distribution deal understand who is responsible for what and to have a China-centric contract that makes all this clear. 5. [read post]
20 Nov 2023, 3:55 am
Likewise, the Trademark Rules provide that “termination of an expungement or reexamination proceeding in favor of the registrant does not bar future nonuse cancellation actions under [Trademark Rule] § 2.111 with respect to the registration. [read post]
20 Nov 2023, 3:30 am by David Nagode
However, the French Decree is carefully constructed and includes, in Article 5, an exclusionary clause, whereby products ‘lawfully manufactured or marketed in another Member State’ are not subject to the Decree. [read post]