The annual Haynes and Boone Securities Litigation Year in Review comments on significant securities - related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes
significant rulings in state law fiduciary litigation against directors and officers of public companies.
Not exact matches
WASHINGTON, Nov 21 - New York
State Attorney Eric Schneiderman on Tuesday said he has been investigating for six months who posted
significant numbers of fake comments filed with the Federal Communications Commission
in its review of net neutrality
rules.
The United
States Chamber of Commerce has also objected to his Buy American stance, claiming that whenever the government has enacted domestic sourcing
rules in the past, «the resulting experience has been higher overall construction costs, increased compliance burdens, reduced competition, and disruption of supply chains without
significant American job creation.»
Just yesterday, I was at a tribunal, where a judge
ruled in my favour
stating exceptional circumstances and if things were to have continued as they had been it would have represented
significant risk to my health.
A campaign to unseat eight
state Democratic senators, members of a renegade group that has helped empower Republicans to
rule the Senate
in Albany, received a
significant boost from the NYC comptroller, Scott Stringer.
«This
ruling, the most
significant abortion decision
in a generation, puts
states on notice that they can not adopt restrictions that unduly burden or deny a woman's constitutional right to an abortion.»
A
ruling over the summer barred Abercrombie from transferring more than $ 900,000
in his federal campaign account into a
state account for governor, a decision that handed Hannemann a
significant financial edge.
An independent agency appointed by the legislature, the IDA is not bound by home -
rule considerations, but has frequently
stated in the past that it would not approve such deals with
significant local opposition.
Another aspect of the plan that is likely to see
significant airing
in future hearings is the
rule's «outside the fence line» approach, which allows
states to look beyond power plant modifications to demand - side efficiency and the adoption of renewable energy when controlling greenhouse gas emissions.
The most
significant ruling, noticed nationwide, came
in November, 2006,
in CFE v.
State of New York (III), a lawsuit of 13 years» duration.
States including California, Colorado, Georgia, Michigan, and Nebraska have
ruled out
state takeovers for schools
in restructuring, because either
state law does not permit it or the
state department of education lacks the capacity to manage a
significant number of schools.
In what experts are calling the most significant court test to date of the concept of «comparable worth,» a federal district judge ruled this month that the state of Washington was guilty of wage discrimination in paying women employees less than men performing similar kinds of wor
In what experts are calling the most
significant court test to date of the concept of «comparable worth,» a federal district judge
ruled this month that the
state of Washington was guilty of wage discrimination
in paying women employees less than men performing similar kinds of wor
in paying women employees less than men performing similar kinds of work.
While the draft
rules generally adhere closely to the language
in the law, federal officials tried to reassure
states and districts, both
in that document and
in a July 24 letter, that they still have «
significant flexibility»
in meeting the measure's accountability provisions.
And
in a landmark
ruling, the Kansas Supreme Court has ordered the
state to address
significant shortfalls
in how its public schools are funded, citing low academic achievement by black, Hispanic, and low - income students as among the deciding factors.
Some of these schools are adding
significant numbers of new students and new grades each year, and there are limitations
in both the
state data due to redaction
rules that impact certain grades and subjects, and the Northwest Evaluation Association's Measure of Academic Progress (MAP) data, since we don't test all grades
in every school.
From the abstract: Authors of this report find that «within the 30
states that [still] require student learning measures to be at least a
significant factor
in teacher evaluations,
state guidance and
rules in most
states allow teachers to be rated effective even if they receive low scores on the student learning component of the evaluation.»
addressed to U.S. Secretary of Education, Betsy DeVos, requesting that the U.S. Department of Education stay on track to implement new data tracking
rules that would standardize how
states identify school districts with «
significant disproportionality,» or high rates of students from particular racial or ethnic groups that are placed
in restrictive settings or are subject to discipline.
The Leadership Conference on Civil and Human Rights, A + Colorado, and 111 other organizations signed a letter addressed to U.S. Secretary of Education, Betsy DeVos, requesting that the U.S. Department of Education stay on track to implement new data tracking
rules that would standardize how
states identify school districts with «
significant disproportionality,» or high rates of students from particular racial or ethnic groups that are placed
in restrictive settings or are subject to discipline.
On disproportionality, the federal office found that while the
state's existing disparity index could be an appropriate step
in determining
significant disproportionality
in special education and related services,» they
ruled it was also inconsistent with federal
rules.
A
ruling that
state Blaine Amendments may not be used to deny religious options
in education would have a
significant impact far beyond special education.
The proposed
rule would require
states to assess whether disparities
in the treatment of students with disabilities have become
significant; if so, districts must set aside a specific amount of funding to provide comprehensive, coordinated, early intervening services.
(1) Have an annual effect on the economy of $ 100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or
State, local, or tribal governments or communities
in a material way (also referred to as an «economically
significant»
rule);
The Humane Society of the United
States applauds the U.S. Department of Agriculture for announcing a proposed
rule that contains
significant reforms to end the cruel practice of horse soring —
in which caustic chemicals, chains, hard objects, cutting and other gruesome techniques are used to injure the front legs and hooves of Tennessee walking horses, racking horses and related breeds.
Even with a tighter timetable, given all the steps involved
in promulgating and implementing such a
significant rule, including
state - level implementation and likely Supreme Court litigation, at least two consecutive Democratic terms would be necessary to make it effective.
While far from perfect, the proposal is one of the most
significant environmental
rules proposed by the United
States in recent history and is seen by many as a step
in the right direction, as coal - fired power plants account for nearly 40 % of all US carbon emissions.
This
ruling also jeopardizes the climate change pact that the United
States signed last December, because the provisions of the CPP were used by the Obama administration to prove that our country would be taking
significant actions
in restricting power plant emissions, and the other nations should follow suit
in agreeing to limit their emissions.
• Applicants who are required to establish rehabilitation under
Rule 3 - 13 «so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;» • Applicants with a history of substance abuse / dependence «so as to ascertain whether they discussed or posted photographs of any recent substance abuse;» • Applicants with «
significant candor concerns» including not telling the truth on employment applications or resumes; • Applicants with a history of unlicensed practice of law (UPL) allegations; • Applicants who have worked as a certified legal intern, reported self - employment
in a legal field, or reported employment as an attorney pending admission «to ensure that these applicants are not holding themselves out as attorneys;» • Applicants who have positively responded to Item 27 of the bar application disclosing «involvement
in an organization advocating the overthrow of a government
in the United
States to find out if they are still involved
in any related activities.»
Whatever the outcome — which is perhaps predictable — the Court's
ruling will have a
significant influence on the place of religion
in public life and on how the relationship between religion and the
state should be structured to reflect the aims of fairness and mutual respect envisaged
in the Convention.
The Civil Procedure
Rules had introduced
significant changes
in relation to costs, both as to substance and nomenclature, but there was nothing
in them which qualified the position as
stated in Segalov.
Hence, it may be expected that the Court's
ruling might also have
significant effects on the liability of network operators
in other Member
States where uncertainty persists as to the liability for injunctions and their related costs.
In the first federal court
ruling (PDF) concerning attempts by city and
state jurisdictions to regulate the use of drones, a judge denied a requirement by a city near Boston regarding local registration and
significant bans on where and how low they can fly.
However, as we previously wrote
in an article for the New York Legal Ethics Reporter, these attempts have been met with
significant resistance by bar regulators and ethics committees largely owing to the current
state of the law and ethics
rules.
Rupert has very considerable experience
in the application of the procurement and
state aid
rules, and has been instructed
in a
significant proportion of recent high - profile procurement litigation before the UK courts, including the Edenred and EnergySolutions appeals at trial and
in the Court of Appeal and Supreme Court.
In the offshore arena, the decision of the US Supreme Court in Pasquantino v US (2005) 125 S Ct 1766 that a scheme to defraud a foreign government of tax revenue violates the US wire fraud statute providing there is a US link — despite the revenue rule, a common law doctrine prohibiting US courts from enforcing a foreign state's domestic tax infrastructure — is highly significan
In the offshore arena, the decision of the US Supreme Court
in Pasquantino v US (2005) 125 S Ct 1766 that a scheme to defraud a foreign government of tax revenue violates the US wire fraud statute providing there is a US link — despite the revenue rule, a common law doctrine prohibiting US courts from enforcing a foreign state's domestic tax infrastructure — is highly significan
in Pasquantino v US (2005) 125 S Ct 1766 that a scheme to defraud a foreign government of tax revenue violates the US wire fraud statute providing there is a US link — despite the revenue
rule, a common law doctrine prohibiting US courts from enforcing a foreign
state's domestic tax infrastructure — is highly
significant.
The
rule in most
states is that one should not solicit «professional employment from a prospective client when a
significant motive for the lawyer's doing so is the lawyer's pecuniary gain.»
-LSB-...] It is that legislature's task to ensure that the national
rules on limitation
in criminal matters do not lead to impunity
in a
significant number of cases of serious VAT fraud, or are more severe for accused persons
in cases of fraud affecting the financial interests of the Member
State concerned than
in those affecting the financial interests of the European Union» (para 41).
We also have
significant experience
in administrative and other regulatory litigation, including agency
rule challenges, regulatory investigations under
state and federal false claims acts and unfair trade practice statutes, and defending clients
in related individual and class action civil suits.
69 The headscarf issue achieved
significant prominence
in 2003, when the Federal Constitutional Court
ruled that teachers could wear headscarves, as this did not
in principle impede the values of the Constitution, but that individual
states were free to prohibit public school teachers from wearing headscarves as they saw fit within their own borders.
For example, the
rules in state and local jurisdictions vary regarding how background information can be searched and reported, with potentially
significant impact on timing.
In a letter to the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps), the Office of Advocacy of the U.S. Small Business Administration (SBA) raised concerns that the proposed
rule «Definition of Waters of the United
States under the Clean Water Act» would have «direct,
significant effects» on small businesses.
Under current
rules certain correspondence courses would be phased out, requiring licensees
in certain parts of the
state to travel a
significant distance
in order to be able to take these courses.
In 2013, VR's proprietary forms underwent significant revisions to reflect changes in state and federal laws and in new rules developed by the Vermont Real Estate Commissio
In 2013, VR's proprietary forms underwent
significant revisions to reflect changes
in state and federal laws and in new rules developed by the Vermont Real Estate Commissio
in state and federal laws and
in new rules developed by the Vermont Real Estate Commissio
in new
rules developed by the Vermont Real Estate Commission.