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21 May 2024, 9:01 pm by renholding
This means that it is possible to render advice to a retirement investor without being a fiduciary, so long as the relationship between the advice provider and the retirement investor is clearly defined and understood by all parties. [read post]
21 May 2024, 8:00 am by Public Employment Law Press
After defendants answered, they moved to dismiss the amended complaint pursuant to CPLR 3211 (a) (7), contending, among other things, that they are not proper parties to the action because Central Valley did not exist until 2013, and the centralization that occurred in 2013 pursuant to Education Law §§ 1801 and 1802 (1) resulted in the dissolution of Ilion. [read post]
21 May 2024, 8:00 am by Public Employment Law Press
After defendants answered, they moved to dismiss the amended complaint pursuant to CPLR 3211 (a) (7), contending, among other things, that they are not proper parties to the action because Central Valley did not exist until 2013, and the centralization that occurred in 2013 pursuant to Education Law §§ 1801 and 1802 (1) resulted in the dissolution of Ilion. [read post]
21 May 2024, 5:55 am by itars sis
OpenAI et al., the defendants argue that ChatGPT generates very accurate summaries of their copyrighted works.[48] However, without access to OpenAI’s data, it cannot be ruled out that these summaries were generated from other sources (e.g. other summaries written by third parties). [read post]
20 May 2024, 10:30 pm by Jesse Peters
The Council in this case employed the first rationale, stressing that revealing the legal analysis would ‘compromise the Union’s position vis-à-vis the other parties to the Aarhus Convention’ (Judgment, para 107). [read post]
In its notice of appeal, ASIC said that Jackman J erred in finding that the term is reasonably necessary to protect the partiesinterests and in not finding that it would cause a significant imbalance in the rights and obligations of the parties. [read post]
20 May 2024, 4:26 am by Becky (Hyun Jeong) Baek
Money, Money, Money Cline claimed that in October 2016, the parties entered into an oral agreement for an ownership interest split of 40% to Grodin and 30% each to Cline and Diamond. [read post]
20 May 2024, 3:00 am by jonathanturley
In other cases, federal and state prosecutors have argued that Trump’s statements on Jan. 6 were criminal, made in relation to private interests and not protected under executive privilege or immunity. [read post]
17 May 2024, 3:27 pm by Eugene Volokh
" The Supreme Court has long recognized the public's interest "in having free and unhindered debate on matters of public importance" as "the core value of the Free Speech Clause of the First Amendment. [read post]
Therefore, these exclusions violated the Fourteenth Amendment’s Equal Protection Clause. [read post]
17 May 2024, 4:43 am by Matthias Weller
First, the UK Government has been exemplary in ensuring the “seamless continuity” of the HCCH 2005 Choice of Court Convention throughout the uncertainties of the whole withdrawal process, as evidenced by the UK’s declarations and Note Verbale to the depositary Kingdom of the Netherlands.[17] The same applies mutatis mutandis to the HCCH 1965 Service Convention, to which all EU Member States are parties, and the HCCH 1970 Evidence Convention, which has only been ratified so… [read post]
16 May 2024, 7:23 pm by David Klein
Among other revisions, SB 73 amended Georgia’s telemarketing law to: 1) remove the “knowing” requirement for violation of the law; and 2) expand statutory liability beyond the party that called/texted to the advertisers. [read post]
16 May 2024, 7:00 pm by Guest Blogger
These decisions recognized that there were legitimate purposes for mailing articles for contraception and abortion and communications concerning either one—not only among doctors and between doctors and their patients—but as the condom example first established, amongst a wide swath of the American public, including intermediaries and interested third parties. [read post]
16 May 2024, 7:15 am by Richmond Cariaga
For any Texas corporation, mainly those privately held, these agreements serve as a foundational tool for managing corporate affairs and aligning the interests of all parties involved. [read post]
16 May 2024, 5:54 am by Michael Geist
That sparked a response from Conservative MP Damien Kurek, who jumped immediately to Bill S-210: What’s interesting is there was some support from all parties, but functionally what this motion and Ms. [read post]
16 May 2024, 5:24 am by admin
The Competition Tribunal would have the power to grant private parties leave to make applications for remedies under section 74.1 (the remedies provision for civil deceptive marketing practices under Part VII.1) where it was satisfied that it was in the public interest to do so. [read post]
16 May 2024, 4:00 am by Howard Friedman
  On appeal, defendants argued, among other things, that they had a legitimate penological interest in not delivering the meal to plaintiff's cell-- a concern that civilian and inmate cooks who prepared meals for the event might place contraband in the meal trays. [read post]
15 May 2024, 9:01 pm by renholding
”[3] To be an effective public watchdog, audit-firm leadership must set the right tone at the top by always placing the public-interest obligations of our profession ahead of business interests and profits. [read post]