A duty of professional care arises from an engagement, which may be formed by express agreement or by conduct that would lead a reasonable person to believe the professional had undertaken the work. The engagement's terms fix the scope of the duty, and matters outside that scope generally fall outside it. A limited class of non-clients may be owed a duty where the professional's work was intended to benefit them, and a consultation that never becomes an engagement can still create obligations.
A trustee must keep current beneficiaries reasonably informed about the administration and about the material facts they need to protect their interests. Certain notices are owed without being asked, including notice of acceptance and, in most states, notice that a revocable trust has become irrevocable together with the right to request a copy of the instrument. Other information is owed on request, and refusal must rest on a stated ground rather than on inconvenience.
A worker satisfies the verification requirement by presenting one document establishing both identity and work authorization, or one document of identity together with one establishing authorization. The choice among acceptable documents belongs to the worker. Requesting more or different documents than the statute requires, or refusing documents that reasonably appear genuine and to relate to the individual, is an unfair practice where done with intent to discriminate.
Records made and kept by a registered adviser are subject at any time to reasonable periodic, special or other examinations by representatives of the Commission. An examination opens with a document request covering the compliance program, client files, trading records and marketing, proceeds to fieldwork and interviews, and closes with a written communication of the findings. Scope is set by the staff.
Federal contracts above the acquisition threshold that run 120 days or longer and involve work in the United States carry FAR clause 52.222-54. The clause requires enrollment in the electronic verification system within 30 calendar days of award, verification of new hires within 90 calendar days of enrollment, and verification of employees assigned to the contract within 90 days of enrollment or 30 days of assignment, whichever falls later.
Rule 23(a) permits representative litigation only where the class is so numerous that joinder is impracticable, questions of law or fact are common to the class, the representatives' claims or defenses are typical, and the representatives will fairly and adequately protect the interests of the class. A court must conduct a rigorous analysis, which frequently overlaps with the merits, and the party seeking certification bears the burden on each element.
The statute treats good faith compliance with the verification procedure as an affirmative defense to a charge of hiring an unauthorized worker. Separately, a good faith attempt to comply excuses a technical or procedural failure unless the employer declines to correct it after notice. Good faith also appears as one of five factors adjusting a paperwork penalty. A pattern or practice of unlawful employment forfeits the statutory protections.
Under the federal statute a person in a direct contractual relationship with a subcontractor, but none with the prime contractor, may sue on the payment bond only after giving written notice to the prime within ninety days of last furnishing. The notice must state with substantial accuracy the amount claimed and the party to whom the material was furnished or for whom the labor was performed, and must be served by a method giving third-party verification of delivery.
An official statement is the issuer's own disclosure document. The federal rule requires an underwriter to obtain and review a version the issuer deems final before bidding, permitting only a short list of omissions, and to obtain copies of the final document within seven business days of the purchase agreement. Liability runs under the general antifraud provisions rather than under a registration statute, because municipal securities are exempt from registration.
A statute of repose fixes an absolute outer date measured from the defendant's conduct or from substantial completion of the work, without regard to when the harm was discovered. It differs from a limitation period in trigger, in the availability of tolling and, in many states, in character: repose is treated as extinguishing the right rather than barring the remedy. Consequences follow for tolling agreements, for relation back and for the choice of forum.
The residence category for multinational executives and managers requires employment abroad for at least one year in the three years preceding the petition, or preceding entry as a nonimmigrant, in a managerial or executive capacity, with a qualifying employer, and continued service to the same employer or a related entity in that capacity. No labor certification is required, the prospective employer must have been doing business for at least a year, and specialized knowledge does not qualify.
An employment-based petition remains valid for a new job if the adjustment application has been pending 180 days or more and the new job is in the same or a similar occupational classification. The period runs from the filing of the adjustment application, not from the petition. The qualifying petition must have been approved, or approved subsequently after a notification made at or after the 180-day point, and its approval must not have been revoked.
