Sentences with phrase «applicable rules of any state»

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

[7] A substantial number of commenters that generally believe no delay is warranted nevertheless stated that, if the Department were to proceed with a delay, the delay should only partially apply: the Fiduciary Rule and Start Printed Page 16905Impartial Conduct Standards of the PTEs should be immediately applicable even if other conditions and obligations are postponed.

The DOL disagreed with the assertion that the rule creates a new private right to sue, «arguing that the applicable cause of action is breach of contract, which already exists under state law,» said Erin Sweeney, counsel at Miller & Chevalier, who has also served as senior benefit law specialist at DOL.

In addition, it does not describe all of the tax consequences that may be relevant in light of a U.S. Holder's particular circumstances, including non-U.S. tax consequences, state and local tax consequences, estate tax consequences, alternative minimum tax consequences, the potential application of the Medicare contribution tax, and tax consequences applicable to U.S. Holders subject to special rules, such as:

Under the default rule applicable to virtually every corporation in the United States, however, corporate directors are elected through a standard that guarantees that a director could be elected with even a single affirmative vote, even if that director's candidacy is opposed by the overwhelming majority of shareholders.

IHSA officials utilize National Federation of State High School Associations (NFHS) rules for all applicable sports.

These Terms and Conditions represent the entire agreement between you and The Endocrine Society with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAof the State of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THEState of Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAof Maryland, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAof law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAOF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAOF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THESTATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAOF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAOF ONE OR MORE SECTIONS OF THE LAOF THE LAW.

You represent and warrant to Edutopia that (a) you will comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of Edutopia Technologies and Edutopia Resources; (b) you have the right to grant to Edutopia the rights granted herein, and you own or have all necessary rights to, title to, and interest in Your Content; (c) Your Content does not and will not (i) infringe, violate, or misappropriate any third - party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer - programming routines that may potentially damage, harm, or otherwise interfere with Edutopia Technologies or access to Edutopia Resources.

A Supreme Court ruling in favor of a church that wanted to use state funds to resurface its school playground may pave the way for more school voucher programs, but it is still unclear how broadly applicable that ruling could turn out to be.

Prior to joining the SCPCSD, Bobby served as the Title I Team Lead for the Office of Federal and State Accountability at the South Carolina Department of Education Primary tasks included the allocation of federal allocation, monitoring school districts for compliance of applicable federal and state rules and regulations, approving school district Title I educational program applications, and overall business operations of the proState Accountability at the South Carolina Department of Education Primary tasks included the allocation of federal allocation, monitoring school districts for compliance of applicable federal and state rules and regulations, approving school district Title I educational program applications, and overall business operations of the prostate rules and regulations, approving school district Title I educational program applications, and overall business operations of the program.

A charter school is organized according to federal laws, applicable state school laws and SBOE rules that can not be waived, and the terms of the charter contract.

On May 15, 2009, the United States Court of Appeals for the District of Columbia Circuit unanimously upheld DOT's direct observation drug testing rules applicable to return - to - duty, safety - sensitive transportation industry employees who have already failed or refused to take a prior drug test.

Some states treat subrogation attempts on a case by case basis, in an effort to avoid creating a blanket ruling in favor of either side which would be applicable to future cases.

Under the rules governing the CSS profile for financial aid, which is applicable to private universities, OR the more popular FAFSA, which applies to state universities, there is a PENALTY imposed against OTHER AVAILABLE FINANCIAL AID which is currently 5.24 % of the aid amount.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

The rule includes limited exceptions for (1) dogs imported for certain research studies or veterinary treatment, and (2) dogs lawfully imported into the State of Hawaii from the British Isles, Australia, Guam, or New Zealand in compliance with applicable regulations of the State of Hawaii, provided the dogs are not transported out of the State of Hawaii for resale at less than 6 months of age.

Any person intending to import such a dog into the continental United States or Hawaii, or his or her agent, must present the required import permit and any applicable certifications and veterinary treatment agreement required by this rule to the collector of customs at the port of first arrival.

You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and content appearing therein, including but not limited to, copyright laws.

MANDATORY REVIEW OF CDS LAWS: Two of the twenty hours shall encompass state or federal controlled dangerous substance (CDS) laws, or review of the Oklahoma Veterinary Practice Act and applicable rules (www.okvetboard.comOF CDS LAWS: Two of the twenty hours shall encompass state or federal controlled dangerous substance (CDS) laws, or review of the Oklahoma Veterinary Practice Act and applicable rules (www.okvetboard.comof the twenty hours shall encompass state or federal controlled dangerous substance (CDS) laws, or review of the Oklahoma Veterinary Practice Act and applicable rules (www.okvetboard.comof the Oklahoma Veterinary Practice Act and applicable rules (www.okvetboard.com).

Utilize and implement proven, sound association management practices to ensure the organization meets or exceeds the high standards of association management and is in compliance with applicable state and national rules and policies governing non-profit associations.

Those who choose to access the Website from locations outside of the United States are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.

(Sec. 144) Requires: (1) each load - serving entity or state to determine and publish peak demand reduction goals for any load - serving entity that has an applicable baseline in excess of 250 megawatts; (2) the Secretary to develop a system and rules for measurement and verification of demand reductions; (3) such goals to provide that such entities will reduce or mitigate peak demand by a minimum percentage amount from the applicable baseline to a lower peak demand during 2012 and 2015; (4) such goals to provide that the minimum percentage reductions established as peak demand reduction goals shall be the maximum reductions that are realistically achievable with an aggressive effort to deploy Smart Grid and peak demand reduction technologies and methods; and (5) each load - serving entity to prepare a peak demand reduction plan that demonstrates its ability to meet applicable goals.

It then proceeded to applied this principle to case before it: «[20] It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.»

The future judgement in Joined Cases C -204-208 / 12 Essent Belgium N.V. v. Vlaamse Reguleringsinstantie voor de Elektriciteits - en Gasmarkt could very well be one of those landmark cases in which the CJEU clarifies one of the fundamental doctrinal issues in internal market law: can Member States rely upon the rule of reason to justify distinctly applicable measures?

After restating Becker's rationale, the court set out its conclusions thus: «[18] On the basis of those considerations, the Court has held in a series of cases that unconditional and sufficiently precise provisions of a directive could be relied on against organizations or bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals.»

UNIFIN Financiera, S.A.B. de C.V., SOFOM, E.N.R. (BMV: UNIFIN)(«UNIFIN» or the «Company»), announced that the Company carried out a private offering of Subordinated Perpetual Notes in the United States of America and other international markets in compliance with Rule 144A and Regulation S of the US Securities Act of 1933 (the «Subordinated Notes») and the applicable regulations of the jurisdictions where such offer was made (the «Offering») for an aggregate principal amount of US$ 250,000,000.00 with an annual interest rate for the first seven years from the issue date of 8.875 %.

Other applicable ethical rules, statutes, court orders, and other sources of law (or even as a prerequisite for the pro se litigant to recover attorney's fees covering the cost of ghostwriting in some states) may nevertheless compel disclosure.

As regards the conversion procedure to be followed the Court states that in the absence of specific rules in secondary EU law the applicable law is to be found in the national law of the Member State of origin of the company seeking to convert and in the national law of the host Member State, i.e. the law of the state which will apply after the conversion of the comState of origin of the company seeking to convert and in the national law of the host Member State, i.e. the law of the state which will apply after the conversion of the comState, i.e. the law of the state which will apply after the conversion of the comstate which will apply after the conversion of the company.

With 11 offices strategically located in Florida and Georgia, our firm offers clients a distinct advantage because our insurance coverage attorneys are familiar with rules and procedures that may be applicable in each of the jurisdictions throughout the state.

Due to ambiguity as to its meaning, the UK Court of Appeal submitted a preliminary reference question on Article 6 of the Regulation, the rule applicable to determining the Member State which must examine the asylum application lodged by a child.

Brussels IIA establishes «a scheme by which jurisdiction is determined in accordance with unified rules that are directly applicable to the assumption and exercise of jurisdiction across all member states».

A consequence is that the approach of «mutual trust» between courts helps to «avoid an erroneous focus on the domestic process of the member state of origin» when the focus should be on «compliance with inter-continentally applicable procedural rules».

The Single Resolution Mechanism (SRM) builds upon the rules of the BRRD, however, it is only applicable to the Member States of the SSM.

Even if the offeror does not expressly state a period of time during which the offer can not be revoked, the Firm Offer Rule will be deemed applicable if:

It is demonstrated that arbitrators no longer automatically refer to the private international law of the state that is the seat of arbitration to determine the applicable law, nor to private international law rules of a particular country.

The doctrinal question: does the rule of reason imply that Member States can justify distinctly applicable measures?

Firstly, the Court stated that the GC had failed to consider «any relevant rules of international law applicable in the relations between the parties» when interpreting the Liberalisation Agreement (cf Article 31 (3)(c) VCLT).

It is difficult to put forth a «sample» document destruction policy applicable nationwide due to the immense variation in state rules on ethical obligations for file retention, though the basics of one are included below.

When made in a federal proceeding or to a federal office or agency, the disclosure does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26 (b)(5)(B).

For example, the Arizona State Bar published an opinion about the effect of Rule 1.2 (d) on a lawyer's ability to advise clients regarding activity that is permissible Arizona's Medical Marijuana Act, «despite the fact that such conduct potentially may violate applicable federal law».

The Quebec legislature has stated that Bill 176 is principally aimed at improving work / life balance, and reflects a change of thinking within Quebec society which has called for the need to modernize the rules applicable in the workplace.

The proposal does not deal with the public law aspects of the enforcement of antitrust rules in the Member States of the European Union, nor does it give rules on jurisdiction and applicable law in this respect.

The court, tackling choice of law rules to determine applicable state law to analyze the preclusive effect of the prior court decisions, embraced the notion that «nationwide uniformity in the substance of the matter is better served by having the same - preclusive rule (the state rule) apply whether the dismissal ordered by a state or a federal court... [Thus, the court adopts] the law that would be applied by state courts in the State in which the federal diversity court sits.&rastate law to analyze the preclusive effect of the prior court decisions, embraced the notion that «nationwide uniformity in the substance of the matter is better served by having the same - preclusive rule (the state rule) apply whether the dismissal ordered by a state or a federal court... [Thus, the court adopts] the law that would be applied by state courts in the State in which the federal diversity court sits.&rastate rule) apply whether the dismissal ordered by a state or a federal court... [Thus, the court adopts] the law that would be applied by state courts in the State in which the federal diversity court sits.&rastate or a federal court... [Thus, the court adopts] the law that would be applied by state courts in the State in which the federal diversity court sits.&rastate courts in the State in which the federal diversity court sits.&raState in which the federal diversity court sits.»)

In the present case the Council of State (Conseil d'Etat) was once again required to examine whether the new commercial communication rules applicable to lawyers complied with the Directive 2006 / 123 / EC (the «Services» Directive).

Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the arbitration agreement and jurisdictional issues in view of latest case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in cases involving States.

Attorneys in the group understand the strategies for integrating the applicable requirements under federal law with state and local rules as well as strategies for avoiding delays and duplication of effort.

Notwithstanding the permissive language of Article 16 (3) of the Model Law, which states that «[i] f the tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days... the court... to decide the matter» [emphasis added], in light of the Singapore High Court's decision, parties in arbitration would need to ensure that they adhere to the 30 - day period in Article 16 (3) of the Model Law if applicable.

Notably, it would make the UNCITRAL Transparency Rules applicable to all treaty - based investor - State arbitrations under «old» treaties, independently of the applicable arbitration rRules applicable to all treaty - based investor - State arbitrations under «old» treaties, independently of the applicable arbitration rulesrules.

As against a respondent who is not habitually resident and is not either a national of a Member State or, in the case of the United Kingdom and Ireland, does not have his «domicile» within the territory of one of the latter Member States, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State.

We also understand the strategies for integrating the applicable requirements under federal law with the state and local rules, along with the ways to avoid delays and duplications of effort.