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15 May 2024, 6:00 am by Public Employment Law Press
Defendant was established within the Department of State and tasked with "administering, enforcing, and interpreting New York state's ethics and lobbying laws" (Executive Law § 94 [1] [a]), including Public Officers Law §§ 73, 73-a, 74; Legislative Law art 1-A; and Civil Service Law § 107. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Defendant was established within the Department of State and tasked with "administering, enforcing, and interpreting New York state's ethics and lobbying laws" (Executive Law § 94 [1] [a]), including Public Officers Law §§ 73, 73-a, 74; Legislative Law art 1-A; and Civil Service Law § 107. [read post]
14 May 2024, 7:15 am by Telecommunications Practice Group
In keeping with the FCC’s forbearance from requiring BIAS providers to contribute to the federal Universal Service Fund, Footnote 1,476 provides, “we maintain the status quo with respect to states’ ability to impose state-level contribution obligations on the provision of BIAS for state universal service programs. [read post]
13 May 2024, 7:36 am by Eric Goldman
LinkedIn Corp., 31 F.4th 1180, 1186 n.4 (9th Cir. 2022) (hereinafter “hiQ 2022 Circuit opinion”); see also hiQ Labs, Inc. v. [read post]
13 May 2024, 12:57 am by INFORRM
Canada On 7 May 2024, the Court of Appeal for British Columbia dismissed the appeal in Simán v Eisenbrandt, 2024 BCCA 176 (CanLII). [read post]
11 May 2024, 10:09 am by Russell Knight
This money judgment, however, only states that a party must pay a particular sum. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"[A]n arbitrator 'exceed[s] [their] power' under the meaning of the statute where [their] 'award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power' " (id.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127… [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"[A]n arbitrator 'exceed[s] [their] power' under the meaning of the statute where [their] 'award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power' " (id.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127… [read post]
9 May 2024, 10:55 am by Dennis Crouch
The Court rejected the Second Circuit’s approach in Sohm v. [read post]