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14 Aug 2020, 3:30 am
The optics of terminating someone for poor judgment right around the time that they take leave covered under the FFCRA could lead to a retaliation claim, even though technically the reason for the termination is the former (legal) and not the latter (illegal). [read post]
13 Aug 2020, 7:50 am
[It’s a bit unclear whether the court (wrongly) treated vying for the same dollars from the same consumers as a predicate; at times it seems to treat that as a requirement, instead of as a common way that competitive harm can be shown, though the latter view resolves the tension it sees between Lexmark’s holding and prior Ninth Circuit references to “competitive” harm.] [read post]
13 Aug 2020, 7:06 am
According to the latter view, this is more of a tactical maneuver than a strategic move that undercuts U.S. influence in the region while bolstering two of Washington’s primary adversaries. [read post]
13 Aug 2020, 6:14 am
GPT-3 is unlike other natural language processing (NLP) systems, the latter of which often struggle with what comes comparatively easily to humans: performing entirely new language tasks based on a few simple instructions and examples. [read post]
13 Aug 2020, 3:43 am
A commercial owner's lost profits will always be of the latter type. [read post]
13 Aug 2020, 3:05 am
We find that waived adjustments are linked both to lower financial reporting quality measured by material misstatements and to incentives to meet/beat analyst forecasts; the latter finding suggests disposition decisions can be an earnings-management mechanism. [read post]
12 Aug 2020, 5:00 pm
I suspect the latter. [read post]
12 Aug 2020, 2:08 pm
Shared mobility devices: agreements.Existing law regulates contracts for particular transactions, including those in which one person agrees to give to another person the temporary possession and use of personal property, other than money for reward, and the latter agrees to return the property to the former at a future time.This bill would require a shared mobility service provider, as defined, to enter into an agreement with, or obtain a permit from, the city or county with… [read post]
12 Aug 2020, 1:26 pm
Taxes on business income should be based on net, not gross, income, as the latter has no bearing on ability to pay. [read post]
12 Aug 2020, 9:05 am
And the Indian government announced at the end of June it was banning 59 Chinese apps from the country—including very popular applications like messaging, payment and social platform WeChat and video-sharing app TikTok, the latter of which had its highest number of global users located in India. [read post]
12 Aug 2020, 8:19 am
The latter two protections are not referenced in the Memorandum. [read post]
12 Aug 2020, 7:26 am
This latter step would keep taxing authorities from noticing a new transaction often at a price that may be two or three times greater than the current tax valuation. [read post]
12 Aug 2020, 7:24 am
Thus, according to this view, it may not be possible for the Resolution Applicant to consider the claims that never came to his knowledge during the CIRP, as the same would also defeat the purpose of the “Clean Slate”.View 2: Clean Slate Doctrine will not prevailThe latter view is polar opposite to the prior. [read post]
11 Aug 2020, 4:29 pm
[Harris' origins allow her to properly claim Asian or Black/African American legal status, and she has chosen the latter.] [read post]
11 Aug 2020, 9:47 am
Every single day, is a struggle in trying to find a balance between not being too assertive and strident, and not too soft and docile, in the former case, we are not well mannered and discourteous and in the latter under confident and do not have it to be successful. [read post]
11 Aug 2020, 8:27 am
The company has been part of Amazon since 2014 and would do well to work more closely with its sister Amazon Music, especially as the latter seems to be duplicating services that Twitch has already developed with a good deal of success. [read post]
11 Aug 2020, 6:00 am
(My version, that we’re in an interregnum, takes the latter position, but nothing much turns on whether the Reagan regime is dead or staggering on its last legs.) [read post]
10 Aug 2020, 3:56 pm
Examples include streamlining financial disclosure requirements, rationalizing the definitions of “smaller reporting company”, “accelerated filer”, and “large accelerated filer”, and revising the rules governing financial statements of acquired and disposed businesses (although the latter do not take effect until 2021). [read post]
10 Aug 2020, 12:18 pm
Francis KeanJohn McCarrickIn the following guest post, Francis Kean and John McCarrick take a look at the state of play with respect to D&O insurance policy exclusions in light of the current market conditions, as well as the different approach to policy exclusions under U.S. and U.K. law. [read post]
10 Aug 2020, 8:48 am
The complaint alleged violation of sections 5(a) and 12 of the FTCA (reminder that the latter covers false advertising of food, drugs, devices, services, or cosmetics): (I) false and unsubstantiated disease claims pertaining to COVID-19; (II) false and unsubstantiated claims pertaining to cancer; (III) false and unsubstantiated disease claims pertaining to Parkinson’s Disease; and (IV) false claims about the use for which the FDA cleared Golden Sunrise products. [read post]
