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22 May 2024, 4:03 am by Andrew Lavoott Bluestone
“Absent a confidential or fiduciary relationship, there is no duty to disclose, and meresilence, without identifying some act of deception, does not constitute a concealment actionable as fraud” (NYCTL 1999-1 Trust v 573 Jackson Ave. [read post]
21 May 2024, 9:01 pm by renholding
The Final Rule is considerably narrower in scope from the rule the DOL adopted in 2016 (which the Fifth Circuit vacated in its entirety two years later)1 since it limits fiduciary status to recommendations made by persons who effectively hold themselves out as occupying a position of trust and confidence with respect to a retirement investor. [read post]
20 May 2024, 10:30 pm by Jesse Peters
At the time, the internal review mechanism of Article 10 of the Regulation was considered the most promising creation, which allows non-governmental organisations and other natural and legal persons to request reconsideration of certain administrative acts or omissions by the adopting institution. [read post]
17 May 2024, 4:43 am by Matthias Weller
As neither House of Parliament has raised an objection by 17 May 2024,[1] the way seems to be paved for the Government’s ambitious plans to have the HCCH 2019 Judgments Convention[2] implemented and ratified by the end of June 2024.[3] For the first time since the withdrawal of the United Kingdom from the European Union (so-called Brexit) on 31 January 2020, a general multilateral instrument would thus once again be put in place to govern the mutual recognition and enforcement of… [read post]
17 May 2024, 3:00 am by Jim Sedor
”  Thomas’s remarks were markedly different in tone from an earlier public appearance by Justice Brett Kavanaugh, who said consistency, transparency, and mutual respect are the keys to improving public trust in the judiciary. [read post]
12 May 2024, 9:01 pm by renholding
”[17] Section 655.005 of the Florida Statutes defines “financial institutions” broadly to include, among others, state or federal banks, trust companies, credit unions and international banking corporatio [read post]
10 May 2024, 8:32 am by Guest Contributor
Benefits of Emotional Intelligence So, what exactly does it look like when an organization puts EQ at the forefront of its core values? [read post]
10 May 2024, 6:00 am by Michelle
In his recent report, Visa and Mastercard Settle With Merchants: What Does It Mean? [read post]
9 May 2024, 2:00 pm by Joanna Herzik
Update 10/5/23: We received a report of another scam. [read post]
9 May 2024, 11:30 am by Guest Blogger
For the Balkinization symposium on David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024).Paul Butler Like most users of illegal drugs, I have never been caught. [read post]
9 May 2024, 12:15 am
  First, it does not impose Delaware's constrained definition of "officer". [read post]
8 May 2024, 2:26 pm by Kevin LaCroix
With respect to social security, federal government projections tell us by 2033—a scant nine years away—the reserves in the Old-Age and Survivors Insurance (social security) Trust Fund (hereafter, Trust Fund) will be depleted and the continuing program income (FICA taxes) will be sufficient to pay only 77 percent of scheduled benefits.[1]  That’s a big 23% hole that people will desperately want filled. [read post]
8 May 2024, 11:18 am by John B. Palley
(10) Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust. 16502. [read post]
7 May 2024, 1:23 pm by Adam Levitin
Let me adumbrate a few of them:  (1) Good faith. [read post]
7 May 2024, 6:20 am by privacylawyer
Assessment Direct, at para. 10, “the privilege does not protect information that would otherwise have to be disclosed”. [read post]