Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
No-Match Letters: An Update
A hearing on whether to continue the temporary injunction of the Department of Homeland Security's new regulation regarding Social Security No-Match letters took place on Monday, Oct. 1, 2007 in San Francisco federal court. Judge Charles R. Breyer made his final ruling and issued a preliminary injunction preventing the government from enforcing the No-Match regulation.
Judge Breyer's Findings
In granting the motion filed by a consortium of labor unions and business groups, Judge Breyer found that the balance of harms tips sharply in their favor.
Judge Breyer recognized that the regulation would not only have 'massive ramifications' on how employers treat No-Match letters and impose a significant economic burden on employers, but there would be a 'strong likelihood' that it could lead to firings of employees who are actually authorized to work. Furthermore, the plaintiffs' claims raised serious issues including, but not limited to: whether the DHS rule conflicts with the statute; whether the rule is arbitrary and capricious; and whether the DHS and SSA exceeded their statutory authority.
As the court acknowledged, nothing in this preliminary injunction precludes the Social Security Agency from following its normal procedures and sending out No-Match letters without DHS guidance letters, as the agency has been doing for over a decade.
A hearing on whether to continue the temporary injunction of the Department of Homeland Security's new regulation regarding Social Security No-Match letters took place on Monday, Oct. 1, 2007 in San Francisco federal court. Judge
Judge Breyer's Findings
In granting the motion filed by a consortium of labor unions and business groups, Judge Breyer found that the balance of harms tips sharply in their favor.
Judge Breyer recognized that the regulation would not only have 'massive ramifications' on how employers treat No-Match letters and impose a significant economic burden on employers, but there would be a 'strong likelihood' that it could lead to firings of employees who are actually authorized to work. Furthermore, the plaintiffs' claims raised serious issues including, but not limited to: whether the DHS rule conflicts with the statute; whether the rule is arbitrary and capricious; and whether the DHS and SSA exceeded their statutory authority.
As the court acknowledged, nothing in this preliminary injunction precludes the Social Security Agency from following its normal procedures and sending out No-Match letters without DHS guidance letters, as the agency has been doing for over a decade.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.