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3 Oct 2023, 12:18 pm by Lauren Guichard and Andrew Young
Issues of fact as to the risks posed by the injury-causing condition that could preclude summary judgment under the breach-based approach were left up to the court under the duty-based approach, arguably making summary judgment more likely under the latter than the former. [read post]
3 Oct 2023, 11:27 am by Kristian Stout
This latter item highlights how the FCC’s Democratic majority has been emboldened to pursue risky regulatory adventures with the addition of recently confirmed Commissioner Anna Gomez. [read post]
3 Oct 2023, 11:15 am
The latter provide a legal framework that obligates both the data exporter and the data importer (the entity outside the European Economic Area receiving the data) to protect the personal data in accordance with GDPR principles. [read post]
3 Oct 2023, 9:39 am by Fred Rocafort
The latter currently takes approximately eight to ten months, which means that within eleven to fifteen months of the date you file your trademark application, China Customs could be helping you by stopping counterfeits of your products from being exported from China. [read post]
3 Oct 2023, 9:39 am by Fred Rocafort
The latter currently takes approximately eight to ten months, which means that within eleven to fifteen months of the date you file your trademark application, China Customs could be helping you by stopping counterfeits of your products from being exported from China. [read post]
3 Oct 2023, 6:44 am by Dan Bressler
The latter seems more plausible and presents an off-putting possibility for prospective clients of Paul Hastings. [read post]
3 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawGeo QuinotIn post-apartheid, democratic South Africa, a notion of judicial deference towards administrative decision-making has become something of a mantra for review courts. [read post]
2 Oct 2023, 9:01 pm by renholding
In the latter case, the decision to pursue the project would constitute a conscious decision to violate the law, the business judgment rule would not apply, and the directors would be acting in bad faith. [read post]
2 Oct 2023, 2:36 pm by Ilya Somin
The latter is relevant far beyond the specific context of the Kelo case. [read post]
2 Oct 2023, 2:08 pm by Richard Reibstein Esq.
” The biggest difference between the 2021 Trump Rule and the proposed 2022 Biden Rule appears to be the latter Administration’s effort to place more weight on one of the three “non-core” factors: whether the work is integral to the employer’s business. [read post]
2 Oct 2023, 6:30 am by Guest Blogger
The latter was a problem during the COVID-19 pandemic, with rules changing frequently, and the orders themselves often being difficult to locate. [read post]
2 Oct 2023, 4:22 am by Peter Mahler
With the latter, I would venture to say that the larger the company in terms of its capitalization and assets, the more its governance resembles traditional corporate-style management, and the greater the number of its inactive members (especially if there are multiple classes of investing members, some of which have limited or no voting rights more akin to limited partners), the more likely it is to find at least some power of non-unanimous amendment reserved to the controlling members. … [read post]
2 Oct 2023, 1:44 am by David Pocklington
It seems to me that, interpreting what serious harm means in the Duffield guidelines, it is legitimate to look at what Government means by substantial harm in the NPPF both because the concept of serious harm is derived from the NPPF and also because although the approach of the ecclesiastical courts is not the same as that of the secular planning system, the former is informed by the latter. [read post]
1 Oct 2023, 11:00 pm
It is deemed to occur when a parent fails to visit the child, communicate with the latter or the agency, who has not prevented or discouraged the parent from being proactive.Because the evidence here was “clear and convincing” that the father’s contacts were “minimal, sporadic, and insubstantial,” during the relevant time-frame, the Appellate Division, Second Department, thought that the Family Court’s determination was appropriately premised and left it… [read post]
1 Oct 2023, 9:03 pm by Richard J. Pierce, Jr.
The Supreme Court should care about that latter effect, but it is not clear that it will even consider it in the process of deciding the case. [read post]
1 Oct 2023, 9:01 pm by Lesley Wexler
In writing this follow-up column about the possibility of #MeToo informed leniency letters, I need to grapple with Professor Joe Margulies’s related column urging a more forgiving society. [read post]
1 Oct 2023, 1:13 pm
 Pix credit hereIf people are not able to settle in our countries, and start to think of themselves as British, American, French, or German, then something is going badly wrong. [read post]
30 Sep 2023, 9:31 pm by Cari Rincker
Adopted children have the same rights as biological children, but foster children and stepchildren do not unless they are legally adopted.[1] California The state of California differentiates between community property and separate property.[2] The former generally includes all property acquired by either spouse during the marriage, while the latter is property obtained prior to or outside of the marriage. [read post]