The top court in Massachusetts yesterday affirmed a lower court decision that real estate practitioners may be classified as independent contractors, not employees, handing the real estate industry an important win on an issue that has come
under challenge in recent years.
May a corporate lawyer and his law firm be sued in Delaware as to claims arising out of their actions in providing advice and services to a Delaware public corporation, its directors, and its managers regarding matters of Delaware corporate law when the lawyer and law firm: i) prepared and delivered to Delaware for filing a certificate amendment
under challenge in the lawsuit; ii) advertise themselves as being able to provide coast - to - coast legal services and as experts in matters of corporate governance; iii) provided legal advice on a range of Delaware law matters at issue in the lawsuit; iv) undertook to direct the defense of the lawsuit; and v) face well - pled allegations of having aided and abetted the top managers of the corporation in breaching their fiduciary duties by entrenching and enriching themselves at the expense of the corporation and its public stockholders?
It is (iii) which remains the critical area and which, though not seriously
under challenge in Kennedy v Cordia, was directly addressed by the court: «[51] Impartiality and other duties: If a party proffers an expert report which on its face does not comply with the recognised duties of a skilled witness to be independent and impartial, the court may exclude the evidence as inadmissible.»
Through tradition and custom, rather than any specific law, the defendant will remain in the dock, usually located at the back of court, (a position that has come
under challenge in the European Court of Human Rights).
The Tangipahoa Parish, La., school board unanimously agreed last week to change the word «prayer» to «invocation» in its practice on prayers before board meetings, a policy
under challenge in a federal court lawsuit.
The PNB has worked successfully for many years despite the fact that it has come
under challenge in the past, in the same way it appears to be under attack today, and it should be retained.
Not exact matches
One of the
challenges every inventor faces is deciding which idea to launch first
in the market from multiple potential ideas
under development.
Yum China,
under new boss Micky Pant, is facing a cocktail of
challenges in China: a slowing fast - food market, the rise of food delivery apps creating an online price war, and a lack of local franchise partners.
A team
under Airbnb's global head of social impact, Kim Rubey, was already working on a program to house refugee relief workers
in Greece, Macedonia and Serbia, but to address the product
challenge, Gebbia formed a new team
under his Samara studio that was ultimately spun out and called the Human team.
Magnette said «difficulties remain»
in the talks, notably the politically sensitive issue of how multinational corporations could
challenge states
under the deal.
But when you're
under pressure to move quickly and cost effectively, MVP can be a
challenge to manage (and keep
in check).
The reports looked strong at first, but looking
under the hood, Cramer was very concerned by the weakness he saw: Kimberly - Clark, for one, is facing pricing
challenges, rising commodity costs and a slumping diaper business
in what had once been its best growth market: China.
In it, space nerds of all stripes will find a ton of engineering to marvel at, including a 35 - story space vehicle (and even the prospect the intercontinental rockets that could get you from London to New York in under a half an hour), as well as plenty of discussion of the many technical challenges to realize this drea
In it, space nerds of all stripes will find a ton of engineering to marvel at, including a 35 - story space vehicle (and even the prospect the intercontinental rockets that could get you from London to New York
in under a half an hour), as well as plenty of discussion of the many technical challenges to realize this drea
in under a half an hour), as well as plenty of discussion of the many technical
challenges to realize this dream.
However, the Saint Regis Mohawk tribe, which is receiving $ 13.75 million
in upfront cash from Allergan
under the deal, can move to dismiss the patent office disputes «based on their sovereign immunity from IPR
challenges,» according to Allergan.
Reed held off
challenges from some of golf's biggest names to record a 2 -
under score (70) on Sunday, finishing the tournament 15 -
under in total — one stroke ahead of Robbie Fowler and two ahead of Jordan Spieth.
But openly
challenging fundamental policies can land citizens
in prison, indefinitely and without trial,
under internal - security laws.
«Most leaders do too much,» Murnighan told Kellogg Insight, explaining that this leads to «
under - utilized and
under -
challenged» team members who often switch jobs
in frustration, as well as stressed - out managers with little time for big picture thinking.
Under the direction of Murphy, the company created online diaries to document interesting projects, complete with beautiful photography and candid anecdotes about unique
challenges, such as constructing a yoga studio
in a building with a crooked ceiling.
WASHINGTON, May 1 (Reuters)- California and a group of 16 other states on Tuesday
challenged the Trump administration's decision to revise strict U.S. vehicle emissions and fuel efficiency rules put
in place
under former President Barack Obama.
The Congress faces an array of policy choices as it confronts the
challenges posed by the amount of federal debt held by the public — which has more than doubled relative to the size of the economy since 2007 — and the prospect of continued growth
in that debt over the coming decades if the large annual budget deficits projected
under current law come to pass.
A New Challenger Emerges Bitcoin's first true
challenge for gold's throne came when the dominant cryptocurrency surged from
under $ 1,000 to roughly $ 20,000
in 2017.
«The
challenge that this administration has refused to take on is that there is a very real call
in the west to defeat and destroy the threat from radical Islamic terrorism, whether it fights
under the name of Al Quaeda [sic]... or Boko Haram or ISIS or any of the other dozens of groups that are founded on the central principle of the destruction of the West and the imposition of Sharia law,» Pompeo said
in an October interview with the Wichita Eagle newspaper.
The result would be that, instead of Canadian exporters having to
challenge US trade agency determinations
under Chapter 19, any dispute with the Americans
in dumping and subsidy cases would be taken over by the Canadian government.
Proposal details: We note how many proposals have been filed
in each category, which are now pending, how many have been withdrawn for tactical or substantive reasons after negotiated agreements with companies, and the disposition of
challenges to the proposals at the Securities and Exchange Commission (SEC)
under its shareholder proposal rule.
CHICAGO (Reuters)- Women are
under - represented among mutual fund managers, a new study found,
in a gender imbalance that poses
challenges for an industry looking to run more money from female clients.
Norm Eisen, who served as an ethics lawyer
in the Obama White House and now chairs the left - leaning Citizens for Responsibility and Ethics, which has repeatedly
challenged Trump, said it might have to do with the fact that Cohen is
under criminal investigation
in New York.
She said that's
in contrast to the CVS - Aetna deal «where the strategic motivations and financial goals are not as clear and the leased real estate based clinic model and leverage may be
challenging to come out from
under.»
Under the previous Liberal Government, which first asked the Finance Committee to seek the views of Canadians
in the planning for the upcoming budget, the Minister of Finance would appear before the Committee, presenting updated economic and fiscal projections and potential
challenges for budget planning.
The
challenge that this administration has refused to take on is that there is a very real call
in the west to defeat and destroy the threat from radical Islamic terrorism, whether it fights
under the name of Al Quaeda... or Boko Haram or ISIS or any of the other dozens of groups that are founded on the central principle of the destruction of the West and the imposition of Sharia law,» Pompeo said
in an Oct. 17 interview with the Wichita Eagle.
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In Translation Tagged With: 365 day blogging
challenge, bitcoin cash, bitcoin core, spanish
Italy continues to face
challenging market conditions with Europe again coming
under the spotlight recently over its muted economic growth and with some of Italy's banks faring badly
in the latest stress tests, he admits.
Ramirez filed a
challenge to his detention
in Seattle federal court on Monday, arguing that the government violated his constitutional rights because he had work authorization
under the DACA program, his lawsuit said.
Calgary — On January 25, 2018, Calgary - based, Artisan Ales, is appearing
in Montreal before an appellate panel assembled
under the Agreement on Internal Trade («AIT»)
in its ongoing
challenge to the Alberta government's discriminatory treatment of out - of - province craft beer.
In this fund administration special, we bring together five top tech experts to answer the big technology questions facing private equity firms; look at the administrative strain GPs are under; consider the implications of Brexit for UK fund managers; explain how the outsourcing model is changing; consider the challenges faced by CFOs; explore the issues involved in raising a first credit vehicle; plus much mor
In this fund administration special, we bring together five top tech experts to answer the big technology questions facing private equity firms; look at the administrative strain GPs are
under; consider the implications of Brexit for UK fund managers; explain how the outsourcing model is changing; consider the
challenges faced by CFOs; explore the issues involved
in raising a first credit vehicle; plus much mor
in raising a first credit vehicle; plus much more.
«Our companies design and develop the most innovative and sought - after footwear
in the world and often face
challenges in protecting their designs, patents, and trade dress,» said the letter signed by
Under Armour, Nike and others.
Thrivent Financial for Lutherans became the sixth plaintiff to lob a complaint against the Department of Labor's fiduciary rule when the insurer filed a suit
in late September
challenging the class - action waiver requirement
under the rule's best interest contract exemption, or BICE.
Under her leadership P&CB continued to deliver strong results
in a
challenging environment, winning numerous industry awards including the recent recognition by JD Power for the highest ranking
in customer service among the big five banks.
The issues, which the Vatican places
under the heading of «pastoral
challenges of the family,» were chosen based on the results of a worldwide survey of Catholics
in 2013.
In their different ways, the three volumes under review try to rise to that challenge, in ascending order of difficult
In their different ways, the three volumes
under review try to rise to that
challenge,
in ascending order of difficult
in ascending order of difficulty.
That God appeared there,
in Palestine, two thousand years ago and was born to these specific parents, Mary and Joseph, and was placed
in that trough and no other, and was crucified
under Pontius Pilate and left one grave exquisitely empty — this is the «scandal of particularity» so often named as Christianity's most
challenging feature and its most world - affirming.
National Director for Sri Lanka, Dhanan Sennathirajah, told Premier: «The biggest
challenge right now is access to the areas [affected] because some of them are
in mountainous terrain and most of the roads have got washed away or they are
under five or six feet of water.»
They suggested three ways
in which RFRA might conceivably be interpreted (misinterpreted, really) to create bad consequences: (1) to give a church's opponents legal «standing» (a technical term meaning the right to sue) to
challenge the church's tax - exempt status; (2) to allow taxpayers to claim their free exercise rights would be violated if a religiously affiliated organization receives government assistance
under a secular program; and, most importantly, (3) to allow pro-abortion plaintiffs to claim a free exercise right to abortion if Roe v. Wade is overruled and states enact anti-abortion laws.
Translating the Psalms is thus a
challenge of great moment, and the translators working
under the supervision of the International Commission on English
in the Liturgy (ICEL) appear to have approached the task with appropriate seriousness.
Authority,
in all the churches, must give such an account of itself by reference to those sources that enshrine the heritage of the community and,
in like manner, those
under authority are required by the inner logic of the common tradition to examine the functioning of the authority and
challenge it if,
in its use of power, it steps outside the aforementioned «circle of permissibility.»
At a deeper level, as people are conditioned to a consumer outlook, the church finds itself
under challenge to present the Christian faith
in a way that meshes with people's desire for answers, and
in a more pernicious way for a faith «product», that will meet their needs with a minimum of effort and disruption.
In such societies the laws are constantly
under challenge by subjected persons and by those who seek to improve their own position relative to others.
Amnesty noted that when organizations have
challenged the Indian government on its actions
under FCRA, «the courts have generally ruled
in their favor.»
Our
challenge as Christians who are also citizens of an empire is to find hope and guidance
in biblical calls to repentance and conversion that inevitably confront people whose historical ties are linked to dominant powers that come
under the judgment of God.
He apprehended God
in terms of his present activity, as presently
under - stood, but also accepted without
challenge the authoritative witness to divine activity
in the past.
Furthermore, those approaches, sometimes found
in Catholicism, which tend to depict God's coming as Man and his agonised death on the Cross as more than was strictly necessary or as
under the primary control of evil are insufficient for meeting the modern
challenge of allowing God to be God.