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3 Jan 2021, 5:25 pm by Daniel Schwartz
The employers that can focus on attracting and keeping the best employees will succeed — no matter what the other developments are during the year. [read post]
3 Jan 2021, 1:36 pm
 Via "‘I just want to find 11,780 votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor" (WaPo):The rambling and at times incoherent conversation offered a remarkable glimpse of how consumed and desperate the president remains about his loss, unwilling or unable to let the matter go and still believing he can reverse the results in enough battleground states to remain in office.The worst of it… [read post]
3 Jan 2021, 7:28 am
A FINRA Regulatory Settlement That Hurts (BrokeAndBroker.com Blog)Texas Man Sentenced to 21/2 Years in Prison for Scheming to Create Fake Airline Employee IDs to Fraudulently Obtain Free Flights (DOJ Release)FINRA Suspends Rep for Non-Disclosed Felony Drug ChargeIn the Matter of Antonio Almeida, Respondent (FINRA AWC)FINRA Imposes Fine and Suspension for Altered Mutual Fund Switch FormsIn the Matter of Andrew Robert Dougherty, Respondent (FINRA AWC)FINRA Censur... [read post]
3 Jan 2021, 7:28 am
(BrokeAndBroker.com Blog)FINRA Imposes Fine and Suspension for Willful Untimely Amendment of Form U4 for Tax LiensIn the Matter of Terry Tzagarakis, Respondent (FINRA AWC)FINRA Suspends Rep for Affixing 9 Customers' Signatures to Various DocumentsIn the Matter of Timothy Joseph, Respondent (FINRA AWC)Did You Hear The One About The Customer Who Sued Because He Didn't Know Insider Trading Was Illegal? [read post]
3 Jan 2021, 7:28 am
Things just didn't get any better for him from that point on.The 2017 FINRA OHO Hearing Panel DecisionAs set forth in the Syllabus of In the Matter of Department of Enforcement, Complainant, vs. [read post]
3 Jan 2021, 3:58 am by Dan Harris
But I could, and that’s what mattered. [read post]
2 Jan 2021, 10:30 am by Giles Peaker
Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord’s initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that duty. [read post]
2 Jan 2021, 2:21 am by Florian Mueller
In the short term, what matters is the anti-anti-antisuit part, which is a special type of venue fight. [read post]
2 Jan 2021, 1:07 am by Florian Mueller
What I'd like to highlight here in a separate post--warranted by the enormous significance of this declaration--is what Professor Randall R. [read post]
1 Jan 2021, 3:17 pm by Josh Blackman
As a threshold matter, the panel considered whether the order was "of general application. [read post]
1 Jan 2021, 1:09 pm by Ilya Somin
As a practical matter, this limitation in the new NDAA probaby won't have much, if any, effect on Trump's border wall project, because Biden is likely to terminate it soon, anyway. [read post]
1 Jan 2021, 9:15 am by IPWatchdog
Each December, we ask industry experts to identify what mattered in IP for the previous year, as well as their wildest IP dreams for the new year. [read post]
1 Jan 2021, 8:24 am by Joel R. Brandes
  As an initial matter, the Court was not persuaded that, because Wadghiri was not a relative or a custodial parent, he was an improper respondent here. [read post]
1 Jan 2021, 8:19 am by Joel R. Brandes
Ozaltin, 708 F.3d 355, 375 (2d Cir. 2013) (“Absent any statutory guidance to the contrary, the appropriateness of such costs depends on the same general standards that apply when ‘attorney’s fees are to be awarded to prevailing parties only as a matter of the court’s discretion. [read post]
1 Jan 2021, 8:14 am by Joel R. Brandes
The Ninth Circuit vacated and remanded the district court’s order, concluding that it had erred in two respects: (1) “[a]s a matter of fact ... by relying on non-existent testimony that Castanos never threatened Berenguela-Alvarado as a means of securing her consent to EICB staying the United States”; and (2) “[a]s a matter of law ... by shifting the burden on the consent issue back to Berenguela-Alvarado, requiring her to prove by a preponderance of the… [read post]
1 Jan 2021, 8:12 am by Joel R. Brandes
The Eleventh Circuit found that (1) as a matter of fact, the court erred by relying on non-existent testimony that Castanos never threatened Berenguela-Alvarado as a means of securing her consent to EICB staying in the United States; and (2) as a matter of law, the court erred by shifting the burden on the consent issue back to Berenguela-Alvarado, requiring her to prove by a preponderance of the evidence that Castanos’s threat constituted “duress. [read post]
1 Jan 2021, 8:10 am by Joel R. Brandes
Neither the Convention nor ICARA, nor any other law including the Due Process Clause of the Fifth Amendment, requires that discovery be allowed or that an evidentiary hearing be conducted as a matter of right in cases arising under the Convention. [read post]
1 Jan 2021, 8:06 am by Joel R. Brandes
Reviewing the facts de novo, the court found that Bertha “had no right to take Z.F.M.Z. to the United States,” and that this matter was therefore “one of wrongful removal” rather than wrongful retention. [read post]