Sentences with phrase «under the federal rules of»

«Court - Appointed Experts: Defining the Role of Experts Appointed Under Federal Rule of Evidence 706,» Federal Judicial Center, 1993).

«(A) the evidence would otherwise be admissible in the court under the Federal Rules of Evidence; or

(The suits are referred to as a mass action because they involve multiple suits that raise similar claims, but they don't seek to be certified as a class action under the federal rules of civil procedure.)

Under the Federal Rules of Criminal Procedure (Rule 11 (b)(1)-RRB-, a federal court may not accept a guilty plea without first addressing the defendant personally in open court.

Hall v. Hall, No. 16 - 1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42 (a) is finally decided, that decision confers an immediate right to appeal.

Defendants John T. Boring (hereinafter, «Boring»), Suzie K. Rote (hereinafter, «Rote»), and Paul J. Muddle (hereinafter, «Muddle»)(collectively referred to herein as the «Individual Defendants»), by and through their undersigned counsel, Long, Winded, and Writing, PLLP, collectively and jointly bring this motion to dismiss the First Amended and Consolidated Complaint (hereinafter, «Complaint») of the Plaintiffs ABC Corporation, Inc. (hereinafter, «ABC»), MNO Corporation, Inc. (hereinafter, «MNO»), and XYZ Corporation, Inc. (hereinafter, «XYZ»)(collectively referred to herein as «Plaintiffs Corporations») under Federal Rules of Civil Procedure 12 (b)(6) and 9 (b)...

New York Times reporter Miller has petitioned for a writ of certiorari, specifically asking about journalists» rights under the First and Fifth Amendments, as well as any common law privileges that would apply under Federal Rule of Evidence 501.

Under the Federal Rules of Evidence, a judge must determine whether a piece of electronic evidence is authentic and original, an issue no court had really touched on, even though digital evidence is easily manipulated.

In the article, Ms. Gordon discusses the evolution of the term «usual course of business» under Federal Rule of Civil Procedure 34 and its applicability to today's electronic world.

In fact, the Texas Supreme Court devoted a section of its opinion to making that very point, noting that its application of proportionality principles aligned practice under the Texas Rules of Civil Procedure with practice under the Federal Rules of Civil Procedure.

Judge Grimm suggested that, if parties entered into a nonwaiver agreement as a result of a «meet - and - confer» under Federal Rule of Civil Procedure 26 (f), and that agreement was embodied in an order, any inadvertent production would be made under «judicial compulsion» and there would be no third party waiver.

Under Federal Rule of Evidence 901 (a), «The requirement of authentication... is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.»

North Carolina Bar Association Pre-Trial Practice Seminar, July 2004, Speaker, Admission of Expert Witness Testimony under the Federal Rules of Evidence

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

It found that «a deliberating juror's intent to nullify constitutes «just cause» for dismissal» under Federal Rules of Criminal Procedure 23 (b).

For example, in U.S. federal courts under the federal rules of evidence, which are copied verbatim or in substance by many state courts, the necessity of an original document for use a court evidence is covered mostly by Rules 901 - 903 (authentication and identification) and by Rules 1001 - 1008 (contents of writings, recordings and photographs).

I. Whether differences among individual class members may be ignored and a class action certified under Federal Rule of Civil Procedure 23 (b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample; and

Section 164.512 (e) addresses when a covered entity is permitted to disclose protected health information in response to requests for protected health information that are made in the course of judicial and administrative proceedings — for example, when a non-party health care provider receives a subpoena (under Federal Rule of Civil Procedure Rule 45 or similar provision) for medical records from a party to a law suit.

Under Federal Rule of Civil Procedure 4 (f)(3), a court may fashion means of service on an individual in a foreign country, so long as the ordered means of service (1) is not prohibited by international agreement; and (2) comports with constitutional notions of due process.

Not exact matches

Rather, they are meant to cover the multiple sales of distributorships or businesses that do not meet the requirements of a franchise under the Federal Trade Commission (FTC) rule passed in 1979.

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

If it sounds like Edwards still needed to apply FEC rules and limits, consider this: Scott Thomas, a former commissioner of the Federal Election Commission testified that he did not consider that the payments would have come under his agency's auspices — in part because they were not used directly for the campaign and did not free up any of Edwards» own money to be spent on the campaign.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

In his 2015 book «Rewriting the Rules of the American Economy,» Stiglitz said that the normalization of shareholder primacy was solidified under the Reagan administration through changes to federal income tax law and securities law, including relaxed antitrust laws.

After U.S. multi-level marketing company Herbalife settled a probe of its sales practices with the U.S. Federal Trade Commission last month, top executives assured investors that the company would be able to thrive under the new rules.

The EEOC ruled (in a unanimous, bipartisan decision, incidentally) that transgender issues are issues of sex, and therefore protected under federal law.

In January, a federal appeals court ruled that because ISPs are not regulated as utilities, equal access regulations could not apply to these providers, as they do with telecommunications carriers under the Communications Act of 1934.

Plaintiff seeks to recover compensable damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder.

Repeal the EPA's 2015 «Waters of the United States» rule that places the country's rivers, streams and wetlands under federal purview to protect them from pollution.

Except as required under federal securities laws and the rules and regulations of the Securities and Exchange Commission, we will not undertake and specifically decline any obligation to publicly update or revise any forward - looking statements to reflect events or circumstances arising after the date of this press release, whether as a result of new information, future events or otherwise.

Heather Dietrick, president and general counsel of Gawker Media, said in a statement that soon after Mr. Bollea sued the company in 2012, three state appeals court judges and a federal judge «repeatedly ruled that Gawker's post was newsworthy» under the First Amendment.

This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 % of our common stock and persons holding our common stock as part of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.

-- Canadians, under new rules unveiled by the federal broadcast regulator, will eventually be able to pick those TV channels they really want on top of a basic service that will be capped at $ 25 per month.

But under federal campaign finance rules, a contribution is «anything of value given, loaned or advanced to influence a federal election.»

As such, most 506 (b) offerings are only sold to accredited investors (even though the Rule allows for the sale of up to 35 non-accredited investors), as the sale to any unaccredited investors requires significantly heightened disclosure to such investors, which can be costly and burdensome to provide, and may increase the exposure of an issuer to liability under federal and state securities acts.

Not later than 270 days after the date of enactment of the Dodd - Frank Wall Street Reform and Consumer Protection Act, the Commission shall issue final rules that require each resource extraction issuer to include in an annual report of the resource extraction issuer information relating to any payment made by the resource extraction issuer, a subsidiary of the resource extraction issuer, or an entity under the control of the resource extraction issuer to a foreign government or the Federal Government for the purpose of the commercial development of oil, natural gas, or minerals...

It was only in the fall of 2013, that the federal securities laws in the US were amended under Title II of the Jobs Act to allow advertising when selling to accredited investors (often referred to as Title II equity crowdfunding or Rule 506 (c) equity crowdfunding).

It does not discuss all aspects of U.S. federal income taxation that may be relevant to particular holders in light of their particular circumstances or to holders subject to special rules under the Code (including, but not limited to, insurance companies, tax - exempt organizations, financial institutions, broker - dealers, partners in partnerships (or entities or arrangements treated as partnerships for U.S. federal income tax purposes) that hold HP Co. common stock, pass - through entities (or investors therein), traders in securities who elect to apply a mark - to - market method of accounting, stockholders who hold HP Co. common stock as part of a «hedge,» «straddle,» «conversion,» «synthetic security,» «integrated investment» or «constructive sale transaction,» individuals who receive HP Co. or Hewlett Packard Enterprise common stock upon the exercise of employee stock options or otherwise as compensation, holders who are liable for the alternative minimum tax or any holders who actually or constructively own 5 % or more of HP Co. common stock).

It is a condition to the distribution that HP Co. receive (i) a private letter ruling from the IRS and / or one or more opinions from its external tax advisors, in each case, satisfactory to HP Co.'s board of directors, regarding certain U.S. federal income tax matters relating to the separation and related transactions, and (ii) an opinion of each of Wachtell, Lipton, Rosen & Katz and Skadden, Arps, Slate, Meagher & Flom LLP, satisfactory to HP Co.'s board of directors, regarding the qualification of the distribution, together with certain related transactions, as a transaction that is generally tax - free, for U.S. federal income tax purposes, under Sections 355 and 368 (a)(1)(D) of the Code.

Even if regulators do not act, when a presale results in nothing more than profits for its promoter, a disgruntled investor will inevitably make a private securities fraud claim to try and claw back some of their capital; assuming a court will determine a presale of digital tokens to be a private placement of securities, any such federal claim would fall under Rule 10b - 5.

You will want to discuss all of your options with your attorney or tax advisor before taking action, especially if creditor protection is a concern for you, as the Supreme Court has ruled that Inherited IRAs are not protected under federal bankruptcy laws (although state law creditor protection of inherited IRAs still varies).

On 6 August 2013, Federal Judge Amos Mazzant of the Eastern District of Texas of the Fifth Circuit ruled that bitcoins are «a currency or a form of money» (specifically securities as defined by Federal Securities Laws), and as such were subject to the court's jurisdiction, [274][274] and Germany's Finance Ministry subsumed bitcoins under the term «unit of account» — a financial instrument — though not as e-money or a functional currency, a classification nonetheless having legal and tax implications.

Under the ethics rules for federal employees and / or officials, the employees or official is required to avoid even the appearance of a conflict of interest.

Mr. Lieberman is working with the Firm's international clients to craft a response to the Supreme Court's ruling in Morrison v. Nat» l Australia Bank, Ltd., which limited the ability of foreign investors to seek redress under the federal securities laws.

The proposed rules would impose oppressive disclosure requirements upon activists that far exceed the scope of disclosure requirements already established under federal securities laws.

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the Commodity Futures Trading Commission's (CFTC) anti-fraud and anti-manipulation enforcement authority.1 Granting the CFTC's request for a preliminary injunction against the defendants who allegedly engaged in deception and fraud involving virtual currency spot markets, Judge Weinstein noted that «[u] ntil Congress clarifies the matter,» the CFTC has «concurrent authority» along with other state and federal administrative agencies and civil and criminal courts over transactions in virtual currency.2

Under discussion for nearly five years, the rule (named for former Federal Reserve Chairman Paul Volcker, who proposed it), the rule is a prime example of the sort of tighter regulation that many — but by no means all — Americans support.

It turns out that we did not transform en masse into lumpenbourgeois under the tutelary rule of federal - national government.

As CT reported in 2000, payments for fetal tissue donations are allowed under a loophole in the 1993 federal rules that ban the sale of fetal remains.

The AAP position paper says infants under one year of age should have no juice at all, and the revised federal daycare food rules also bar serving juice to infants.