Tag Archives: Violation

Can A Board's Knowing Violation of the Law Also Be Entirely Fair? How About Moral?

Prof. Justin Pace, Haworth College of Business, Western Michigan University recently sent me his paper, Rogue Corporations: Unlawful Corporate Conduct and Fiduciary Duty. In it, he discusses Delaware's "per se doctrine where the board directs the corporation to violate the… … Continue reading

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USCIS Issuing Policy Guidance to Clarify that Violation of Federal Controlled Substance Law, Including Marijuana, Remains a Conditional Bar to Establishing Good Moral Character for Naturalization

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character (GMC) for naturalization even … Continue reading

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The continuing violation exception when filing of a complaint alleging a violation of New York State's Human Rights Law is not triggered by a single event

Petitioner appealed Supreme Court's granting the New York State Office for People with Developmental Disabilities' [OPDM] pre-answer motion to dismiss the Petitioner's complaint alleging unlawful discrimination in violation of New York State's Human Rights Law based on OPDM's rejection of … Continue reading

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Employers Risk FMLA Violation By Delaying FMLA Notification, Designation While Employees Use Other Leave

A new U.S. Department of Labor’s Wage and Hour Division (WHD) Family and Medical Leave Act (“FMLA”) opinion letter says warns employers not to delay providing FMLA notice or designating a leave as FMLA-covered when coordinating FMLA protected leave with otherwise … Continue reading

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Wisconsin Top Court Limits “Knowing Violation” Exclusion By Looking Beyond Facts Alleged in Complaint

In a decision that could expand the scope of the duty to defend, the Wisconsin Supreme Court recently held that a “knowing violation of the rights of another” exclusion did not apply even though the facts alleged suggested that it … Continue reading

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