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  This case concerned the interpretation of service charge clauses in leases for 25 chalets in a Welsh holiday park. [read post]
6 Jan 2016, 8:56 am by Eric Goldman
For purposes of 512(c)(1), the term “user” “describes a person or entity who avails itself of the service provider’s system or network to store material. [read post]
5 Jan 2016, 5:18 am
Contrarily to trademark and design law, the new Patents Act does not specify the amount of such indemnity nor does it establish a cap. [read post]
3 Jan 2016, 6:45 am
Nonetheless, the OCC noted that it expects to apply the Guidelines to banks with average total consolidated assets less than $50 billion infrequently and that it does not intend to apply the Guidelines to community banks. [read post]
31 Dec 2015, 7:15 am by Barry Sookman
The requirements for civil protection for trade secrets are set out in paragraph 1 of Art.18.78. [read post]
14 Dec 2015, 6:15 am by Joy Waltemath
Under the standard set forth by the Supreme Court in Adarand Constructors Inc v Pena, to survive constitutional review, a government entity’s consideration of race has to meet strict scrutiny standards; thus, it must: (1) serve a compelling state interest; and (2) be narrowly tailored to achieve that interest. [read post]
11 Dec 2015, 4:28 pm by Cynthia L. Hackerott
Under the standard set forth by the US Supreme Court in Adarand Constructors Inc v Pena (65 EPD ¶43,366 (1995)), to survive constitutional review, a government entity’s consideration of race has to meet strict scrutiny standards; thus, it must: (1) serve a compelling state interest; and (2) be narrowly tailored to achieve that interest. [read post]
9 Dec 2015, 6:50 am
  The article’s thesis is, “[i]f the First Amendment protects [FDA regulated entities’] right to truthfully promote the drugs they sell, it also must protect their constitutional right to provide truthful warnings about their products’ risks, even if the FDA has not approved those warnings. [read post]
16 Nov 2015, 11:39 am by Debra A. McCurdy
CMS has adopted a modifier that must be used beginning January 1, 2016 on claims for computed tomography (CT) services furnished using equipment that does not meet National Electrical Manufacturers Association (NEMA) dose standards (such as older, higher-dose scanners). [read post]
2 Nov 2015, 9:54 am by Alan S. Kaplinsky
  As of July 15, 2015, CFPB enforcement activity has resulted in over $10.8 billion in relief for more than 25 million consumers. [read post]
Specifically, the motion argues that Iowa law does not grant IUB the authority to give eminent domain power to Dakota Access, a private entity. [read post]
12 Oct 2015, 7:55 pm by Stephen Bilkis
The court characterized these services as medical or medically related within the purview of Public Health Law article 25, title V (Public Health Law § 2580 et seq.). [read post]
12 Oct 2015, 3:25 pm by Barry Sookman
Under Art. 25(1) the transfer of personal data can take place only if the third country ensures an adequate level of protection of such data. [read post]
11 Oct 2015, 7:20 am by Daniel Shaviro
Now, Appendix 1 does suggest that they made certain adjustments for both timing and period-related elements of the capital gain. [read post]
9 Oct 2015, 2:34 pm by Anthony Zaller
If the Agency does not investigate, then the plaintiff can proceed with the claim. [read post]
Other data transfer mechanisms, such as Binding Corporate Rules and Standard Contractual Clauses, may offer appropriate alternatives for certain entities. [read post]