Tag Archives: Observations

The Internet & Business Disclosures: Observations

Co-blogger Ann Lipton has posted a number of times on Elon Musk's Twitter disclosures and their potential legal significance. I chimed in once. Unless I am mistaken, her most recent post (citing to our prior posts) on this subject is… … Continue reading

Posted in Business law | Tagged , , , , | Leave a comment

Some Observations on the Extradition of Julian Assange

On April 11, the Ecuadorian government withdrew its grant of asylum to Julian Assange, who had spent almost seven years living in Ecuador's London embassy. Assange is now in British custody on the relatively minor charge of bail jumping, awaiting … Continue reading

Posted in Law Professors | Tagged , , , , | Leave a comment

Retail, Remedies, Resources and Results: Observations From the SEC Enforcement Division 2018 Annual Report

Posted by Robin Bergen, Matthew Solomon, and Alexis Collins, Cleary Gottlieb Steen & Hamilton LLP, on Saturday, November 24, 2018 Editor's Note: Robin Bergen and Matthew Solomon are partners and Alexis Collins is a senior attorney at Cleary Gottlieb Steen & Hamilton LLP. This post is based on a … Continue reading

Posted in Business law | Tagged , , , , , , , , , | Leave a comment

CRS – President Trump Nominates Judge Brett Kavanaugh: Initial Observations

CRS Legal Sidebar – President Trump Nominates Judge Brett Kavanaugh: Initial Observations, Andrew Nolan, Section Research Manager. July 10, 2018. “On July 9, 2019, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals … Continue reading

Posted in Law Librarians | Tagged , , , , , , , | Leave a comment

Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division … Continue reading

Posted in Administrative law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment