Sentences with phrase «conflicting legal rules»

The place where a contract is formed is very important where contracting parties are in different jurisdictions or international contracts in which one party may suffer prejudice owing to conflicting legal rules.

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;

However, the often - conflicting local and federal drone rules pose potential problems if there is a legal dispute that puts the local government against federal authorities, Michel explained.

They gave us no rule by which to mediate the conflicts arising from the state's positive need for religion and its legal distance from it.

CPI Marxist's rule had been mostly conflicting with both illegal and legal activities of CPI Maoist, which had recently been declared a terrorist organisation by the Indian state (preventing CPI Maoist from participating in further legal activities) as well as other communist parties.

Connecticut's legal conflicts with the federal government over air quality issues escalated again last weekwhen the state joined New York in a lawsuit against the U.S. Environmental Protection Agency for failing to enforce ozone pollution rules.

Fact # 4: Although Commissioner Esty, the head of Connecticut's Department of Energy and Environmental Protection, had an ethics ruling saying that he did not have any «legal» conflict of interest; he announced that he felt, as commissioner, he had an obligation to meet a higher standard, that being to avoid the appearance of a conflict.

US court rules Squire Patton Boggs should be disqualified from acting for the sugar companies due to a conflict, despite taking in legal fees of $ 12m

While it is reasonable to question why the head of the USPTO should be allowed to appoint these judges (there's a potential conflict of interest), pulling eight years of rulings into question would present a legal nightmare over what, honestly, seems like a minor procedural issue.

From the perspective of the exercise of the public role of the court in explaining the law and diffusing conflict among citizens, the ruling can be criticized in three significant ways: The public was left guessing the precise relief the plaintiffs were seeking and the applicable procedural law, so as to leave the legal analysis a mystery.

Effective and fair conflicts rule must strike an appropriate balance between conflicting values: the high repute of the legal profession and the administration of justice, and the values of allowing the client's choice of counsel and permitting reasonable mobility in the legal profession.

Even when it is clear which ethical rules apply, differing cultural and legal backgrounds may mean that lawyers involved in the same arbitration may act differently based on conflicting ideas about what is professional and ethical conduct.

I believe if the legal establishment starts this discussion, we will also begin to strengthen our competitive advantage in the areas we are strongest (ethics, conflict of interest, law reform, etc.) and not make the mistake of playing the Future game according to the rules set by others with different skill sets (business consulting firms, accounting and pure tech sector, to name a few).

In consequence, FCPA demands for document production under U.S. law have the potential to run up against European data protection rules, in a way that may generate conflicting legal demands for corporate defendants.

Choice of law and forum, differences in treatment of secured and priority creditors, differences in legal systems and cultures, conflicts of law, competing claims of jurisdiction, recognition and enforcement by one country of rulings and judgments entered in another country are just a few of the challenges likely to arise in many such proceedings.

Conflict of laws, also known as private international law, is a topic concerning the rules governing what happens when two or more legal systems clash in a private dispute.

In the light of the conflict between its own case law and the EU legal framework, the Constitutional Court (in Plenary Chamber) clearly struggled with Melloni's petition, and in 2011 decided to ask the CJEU for a preliminary ruling.

'» Earlier this year, Simon Chester (a fellow Slaw blogger) presented on Outside Counsel Guidelines at the 14th Annual Legal Malpractice & Risk Management Conference and a report on his presentation noted that he, too, had observed that «expansive client demands with respect to conflicts and waivers «are extending the definition [of a conflict] far beyond the Model Rules and what the courts would insist on.

Our Risk team (a global team of in - house lawyers and advisers) supports partners and senior managers to ensure that the firm complies with applicable laws and professional rules and manages the risks associated with our legal practice (including new business risks, e.g. conflicts of interest, anti-bribery and corruption, anti-money laundering, sanctions and high growth market risks).

Legal acts (paragraphs thereof) are considered to be not in conflict with the Constitution as long as they are not ruled to be in conflict with the Constitution under the procedure established by the Constitution or the Law on the Constitutional Court.

The Bar associations in the United States have essentially ruled, that US lawyers may outsource legal work to foreign lawyers (or non-lawyers) outside the US, provided the US lawyer (a) supervises the foreign / non-lawyer; (b) preserves the client's confidences and secrets when outsourcing; (c) avoids conflicts of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) when necessary, obtains advance client consent to outsourcing.

It has also been difficult for government lawyers to rule out potential conflicts of interests, due to the enormous scope of legal cases involving the federal government.

Twenty years into the charter school movement, charter schools have become an integral part of the educational landscape but seem to confront new and sometimes conflicting regulations, rules, budget cuts and legal challenges daily.

However, due to ethical rules applicable to lawyers, we can not discuss specific legal issues with you or represent you until we know that doing so will not create a conflict of interest involving one of our existing clients.

Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of legal malpractice law incorporating basic standards of legal malpractice conduct or the obligations of a member state under the Charter of the United Nations.

14) Antoinette Sedillo Lopez at Best Practices for Legal Education Blog (Lawyers appreciate the rule of law «to resolve conflict and order society peacefully and non-violently.»)

A fair conflicts rule must balance the conflicting values of preserving the high repute of the legal profession and the administration of justice against the values of allowing the client's choice of counsel and permitting reasonable mobility in the legal profession.

She is a member of HiiL's Measuring Justice team and works on topics related to the rule of law, judicial reform, access to justice, legal empowerment and dispute resolution processes (in fragile and conflict - affected states in addition to stable and developed democracies).

Citizens who know more about legal rules can avoid conflicts that end up in litigation.

In arriving at this rule, the Court leaned on the notion that strict rules regarding conflicts of interest were necessary to ensure that the public maintained confidence in the legal system.

In a speech delivered at a conference in Strasbourg, France, Justice Binnie directly confronted the content of the CBA task force report, emphasizing the need to «enhance the public trust» in the legal profession and the important role of more, not less, strict conflicts rules.

Perhaps, as MacEwen suggests, conventional rules of ethics and conflict of interest should be modified where the purchasers of legal services are sophisticated business people.

• We also encourage the Federation to modify conflict rules that discourage the provision of pro bono legal services.

If constitutional courts are nonetheless keen to avoid preliminary references to the ECJ, this has to do with the difficulties to come to a different conclusion than the ECJ's preliminary ruling and to thereby cause an open judicial conflict — especially since such a scenario has been portrayed as the legal equivalent of a constitutional catastrophe or the first nuclear blow in EU legal scholarship.

A fundamental rule of reconciling conflicting statements in a legal document is that the specific supersedes the general.

Professional Duties & Responsibilities Provided administrative and technical support to multiple law firms Scheduled activities for intellectual property, bankruptcy, and corporate attorneys Created and distributed weekly and monthly calendars containing case deadlines Obtained working knowledge of the Federal and local rules of Civil Procedure Performed legal research using multiple industry search engines and databases Assisted attorneys with conflict of interest inquiries, strategy, and special projects Filed legal documents in federal, state, county, city, and appellate courts Oversaw case developments and prepared status reports for legal team Scanned, proofread, edited, and converted legal documents into Adobe PDF files for printing and archival purposes Oversaw all firm incoming and outgoing mail processes Directed and maintained large scale military computer systems Received multiple awards for excellent service record

Investigations and Law Enforcement — Selected Duties & Responsibilities Build and implement investigations programs and security solutions to enable effective organizational administration, threat detection / elimination, conflict / issue resolution, and other critical discovery functions Utilize various technical applications, including cameras, A / V equipment, transmitters, recorders, and bugs, to generate valuable information and isolate parties responsible for criminal and civil malfeasance Create issue and security reports to enable development of new policies and procedures aimed at preventing further wrongdoing and protect valuable resources team Integrate investigative principles into corporate strategic mission, ensuring management and program accountability, proactive prevention of discrimination, case efficiency, and legal analysis Perform security and crime analyses of firm infrastructure against related compliance requirements as well as on - going vulnerability assessments to continuously mitigate risk Develop investigatory standard documents to serve as guide and rules resources to promote fair and legal probes Supervise related departmental staff, including performance plan development and assessment, technical oversight, personnel recruitment and training, staff discipline, and other pertinent functions Work as a member of the corporate incident response team in the execution of all related tasks, including incident response plan development, damage minimization, resource restoration, and firm integrity protection Communicate all issues and user feedback to members of management, law enforcement professionals, and other interested parties, generating situational reports and follow - up recommendations based on investigatory results Maintain a strong working knowledge of all software, hardware, applications, techniques, trends and other critical tools which aid in effective investigation React quickly based upon limited and confidential information, drawing upon extensive police and military experience in tense, complicated situations Collaborate in the preparation of necessary legal documents, including search and arrest warrants Assist management with various other duties as assigned

Professional Accomplishments Provided administrative and technical support to multiple law firms Scheduled activities for intellectual property, bankruptcy, and corporate attorneys Created and distributed weekly and monthly calendars containing case deadlines Obtained working knowledge of the Federal and local rules of Civil Procedure Performed legal research using multiple industry search engines and databases Assisted attorneys with conflict of interest inquiries, strategy, and special projects Filed legal documents in federal, state, county, city, and appellate courts Oversaw case developments and prepared status reports for legal team Scanned, proofread, edited, and converted legal documents into Adobe PDF files for printing and archival purposes Oversaw all firm incoming and outgoing mail processes Directed and maintained large scale military computer systems Received multiple awards for excellent service record

Preliminary questions such as legal capacity and the validity of the marriage, and matters such as the effects of divorce or legal separation on property, name, parental responsibility, maintenance obligations or any other ancillary measures should be determined by the conflict - of - laws rules applicable in the participating Member State concerned.

Recent research does not support the idea that conflict - including high legal conflict - should rule out joint physical custody as the arrangement that best serves children's interests.

RECO rules require agents get a written acknowledgment of any possible conflict to avoid legal action from a client.