alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Jose R. and Others, Infants. Monroe County Department of Human Services, Respondent; Jose R., Appellant.

[821 NYS2d 719]

*1285Appeal from an order of the Family Court, Monroe County (Gaü A. Donofrio, J.), entered May 20, 2005. The order, among other things, terminated the parental rights of respondent with respect to two of his three children.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly adjudicated respondent’s children to be permanently neglected and terminated respondent’s parental rights with respect to Jose R. and Adrianne R. Contrary to respondent’s contention, petitioner met its burden of establishing by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen respondent’s relationship with the children *(see*Social Services Law § 384-b [7] [a]; *Matter of Geoffrey N.,*16 AD 3d 1167 [2005]; *see generally Matter of Star Leslie*W., 63 NY2d 136, 142 [1984]). Petitioner also met its burden of establishing that, despite those efforts, “respondent failed substantially and continuously or repeatedly to plan for the future of the children for a period of more than one year following their placement with petitioner, although physically and financially able to do so” *(Matter of Susan C.,*1 AD3d 991, 991 [2003]; *see*Social Services Law § 384-b [7] [a]; *see generally Star Leslie W.,*63 NY2d at 142-143). Respondent failed to comply with the requirements of his service plan that he successfully complete substance abuse counseling, mental health treatment, and domestic abuse counseling and comply with the conditions of his parole. Contrary to the further contention of respondent, the court did not abuse its discretion in refusing to enter a suspended judgment with respect to Jose and Adrianne. Although respondent had made some progress after the filing of the petition, the record of the dispositional hearing establishes that he was still abusing drugs, had anger issues, and had no employment or stable housing. Thus, any progress that respondent made “was not sufficient to warrant any further prolongation of the child[ren]’s unsettled familial status” *(Matter of Maryline A.,*22 AD3d 227, 228 [2005]). The court did not err in admitting hearsay testimony of the caseworkers at the dispositional hearing *(see Matter of Yusef P.,*298 AD2d 968, 969; *Matter of George A.,*257 AD2d 620, 620-621 [1999]). We have considered *1286respondent’s remaining contention and conclude that it lacks merit. Present — Hurlbutt, J.P., Gorski, Martoche and Pine, JJ.
#### § 230.193 Review of underlying assets in asset-backed securities transactions.

An issuer of an “asset-backed security,” as that term is defined in Section 3(a)(79) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(79)), offering and selling such a security pursuant to a registration statement shall perform a review of the pool assets underlying the asset-backed security. At a minimum, such review must be designed and effected to provide reasonable assurance that the disclosure regarding the pool assets in the form of prospectus filed pursuant to § 230.424 of this chapter is accurate in all material respects. The issuer may conduct the review or an issuer may employ a third party engaged for purposes of performing the review. If the findings and conclusions of the review are attributed to the third party, the third party must be named in the registration statement and consent to being named as an expert in accordance with § 230.436 of this chapter.

*Instruction to § 230.193:* An issuer of an “asset-backed security” may rely on one or more third parties to fulfill its obligation to perform a review under this section, provided that the reviews performed by the third parties and the issuer, in the aggregate, comply with the minimum standard in this section. The issuer must comply with the requirements of this section for each third party engaged by the issuer to perform the review for purposes of this section. An issuer may not rely on a review performed by an unaffiliated originator for purposes of performing the review required under this section.

[76 FR 4244, Jan. 25, 2011, as amended at 79 FR 57329, Sept. 24, 2014]
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.508 Form 8-M, consent to service of process by a corporation which is a nonresident broker-dealer.

This form shall be filed pursuant to Rule 15b1-5 (§ 240.15b1-5 of this chapter) by each corporate nonresident broker-dealer registered or applying for registration pursuant to section 15 of the Act.

[33 FR 18995, Dec. 20, 1968]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form 8-M, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
Offer Letter



 Exhibit 4.1 
  
 January 9, 2006 
  
 Louis Drapeau 
  
 Dear Louis, 
  
 I am pleased and excited to offer you the position of Senior Vice President, Finance & Chief Financial Officer at Nektar Therapeutics, reporting to me. Your
targeted compensation will be $470,000.00 on an annual basis. Of this amount, your fixed compensation will be $352,500.00 and your target variable compensation at 25% will be $117,500.00 per year. 
  
 You are also eligible to participate in the Nektar Stock Option Plan. Subject to the approval
of the Organization and Compensation Committee, you will be granted an option to purchase 90,000 shares in accordance with this plan. The price of the shares from the Stock Option Plan will be set at the closing price of Nektar’s stock on the
day preceding your date of grant. You will also be eligible to participate in Nektar’s benefits program including Medical, Dental and Vision Insurance, Term Life Insurance, 401(k), Flexible Health Spending Account and Short & Long Term
Disability. 
  
 Louis, we are delighted to offer you an opportunity to be part of
Nektar. As a key member of the Senior Management team, we expect you will play an important role in building our company. In a rapidly growing company like Nektar, quality and committed people like you are the major ingredients of success.

  
 Your employment is by continued mutual agreement and may be terminated at will
with or without cause by either you or the company at any time with or without advanced notice. 
  
 In compliance with the terms of the Federal Immigration Reform and Control Act, you will be required to provide us with proof of authorization to work and proof of identity. 
  
 This offer is valid through Monday, January 16, 2006, and is contingent upon the
verification by Nektar of information you have provided to us regarding your qualifications for employment. 
  

					
	 Sincerely,
  
	 	 	 	 
	 	 OFFER ACCEPTED:
	 	 
	 /s/ Ajit Gill

	 	 	 
	 Ajit Gill
 CEO and President
	 	 /s/ Louis Drapeau

	 	 1/10/06


	 	 Louis Drapeau
	 	Date
			
	 	 	 1/17/06

	 	 
	 	 	 Start Date
§ 1513.1 Scope, application, and effective date. ( a ) *Scope, basis, and purpose.* This part 1513 prescribes requirements for bunk beds to reduce or eliminate the risk that children will die or be injured from being trapped between the upper bunk and the wall or in openings below guardrails or in other structures in the bed. Bunk beds meeting these requirements are exempted from 16 CFR 1500.18(a)(18).
( b ) *Application and effective date.* This part applies to all bunk beds, except those manufactured only for institutional use, that are manufactured in the United States, or imported, on or after June 19, 2000. (Facilities intended for use by children under age 6 are not considered to be institutions.) Bunk beds, as described in this section, that are not intended for use by children are subject to the requirements in 16 CFR part 1213, and not to 16 CFR 1500.18(a)(18). However, the provisions of 16 CFR 1213 are substantively identical to the requirements in this part 1513.
### §13721. Transferred

#### **Editorial Notes**

#### Codification

Section 13721 was editorially reclassified as section 12121 of Title 34, Crime Control and Law Enforcement.
**Exhibit 31.2**

**CERTIFICATION**

I, Robert J. Habig,certify that:

1.                 I have reviewedthis annual report on Form 10-K of Avistar CommunicationsCorporation;

2.                 Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this annual report;

3.                 Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.                 The registrant’sother certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

a)               Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)              Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)               Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

5.                 The registrant’sother certifying officer(s) and I have disclosed, based on our most recentevaluation of internal controls over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

a)               All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b)              Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.
| Date: March 28,  2005                      |
|-------------------------------------------------|
| /s/ ROBERT J. HABIG                             |   |
| Robert J. Habig                                 |
| *Chief Financial Officer*                       |
| *(Principal Financial and  Accounting Officer)* |

 

----
§ 244.101 Definitions. This section defines certain terms as used in Regulation G (§§ 244.100 through 244.102). ( a ) ( 1 ) *Non-GAAP financial measure.* A non-GAAP financial measure is a numerical measure of a registrant's historical or future financial performance, financial position or cash flows that: ( i ) Excludes amounts, or is subject to adjustments that have the effect of excluding amounts, that are included in the most directly comparable measure calculated and presented in accordance with GAAP in the statement of income, balance sheet or statement of cash flows (or equivalent statements) of the issuer; or
( ii ) Includes amounts, or is subject to adjustments that have the effect of including amounts, that are excluded from the most directly comparable measure so calculated and presented.
( 2 ) A non-GAAP financial measure does not include operating and other financial measures and ratios or statistical measures calculated using exclusively one or both of: ( i ) Financial measures calculated in accordance with GAAP; and
( ii ) Operating measures or other measures that are not non-GAAP financial measures.
( 3 ) A non-GAAP financial measure does not include financial measures required to be disclosed by GAAP, Commission rules, or a system of regulation of a government or governmental authority or self-regulatory organization that is applicable to the registrant.
( b ) *GAAP.* GAAP refers to generally accepted accounting principles in the United States, except that: ( 1 ) In the case of foreign private issuers whose primary financial statements are prepared in accordance with non-U.S. generally accepted accounting principles, GAAP refers to the principles under which those primary financial statements are prepared; and
( 2 ) In the case of foreign private issuers that include a non-GAAP financial measure derived from a measure calculated in accordance with U.S. generally accepted accounting principles, GAAP refers to U.S. generally accepted accounting principles for purposes of the application of the requirements of Regulation G to the disclosure of that measure.
( c ) *Registrant.* A registrant subject to this regulation is one that has a class of securities registered under Section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78 *l*), or is required to file reports under Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)), excluding any investment company registered under Section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).
( d ) *United States.* United States means the United States of America, its territories and possessions, any State of the United States, and the District of Columbia.
§ 16.4 Advisory Committee Management Officer. ( a ) The Commission shall designate the Executive Director as the Advisory Committee Management Officer who shall: ( 1 ) Exercise control and supervision over the establishment, procedures, and accomplishments of the advisory committees established by the Commission;
( 2 ) Assemble and maintain the reports, records, and other papers of any advisory committee during its existence;
( 3 ) Carry out, on behalf of the Commission, the provisions of the Freedom of Information Act, 5 U.S.C. 552, with respect to such reports, records, and other papers;
( 4 ) Maintain in a single location a complete set for the charters and membership lists of each of the Commission's advisory committees;
( 5 ) Maintain information on the nature, functions, and operations of each of the Commission's advisory committees; and
( 6 ) Provide information on how to obtain copies of minutes of meetings and reports of each of the Commission's advisory committees.
( b ) The name of the Advisory Committee Management Officer designated in accordance with this part, and his or her agency address and telephone number, shall be provided to the Secretariat.
§ 910.2 Unfair methods of competition. ( a ) *Unfair methods of competition* — ( 1 ) *Workers other than senior executives.* With respect to a worker other than a senior executive, it is an unfair method of competition for a person: ( i ) To enter into or attempt to enter into a non-compete clause;
( ii ) To enforce or attempt to enforce a non-compete clause; or
( iii ) To represent that the worker is subject to a non-compete clause.
( 2 ) *Senior executives.* With respect to a senior executive, it is an unfair method of competition for a person: ( i ) To enter into or attempt to enter into a non-compete clause;
( ii ) To enforce or attempt to enforce a non-compete clause entered into after the effective date; or
( iii ) To represent that the senior executive is subject to a non-compete clause, where the non-compete clause was entered into after the effective date.
( b ) *Notice requirement for existing non-compete clauses* — ( 1 ) *Notice required.* For each existing non-compete clause that it is an unfair method of competition to enforce or attempt to enforce under paragraph (a)(1)(ii) of this section, the person who entered into the non-compete clause with the worker must provide clear and conspicuous notice to the worker by the effective date that the worker's non-compete clause will not be, and cannot legally be, enforced against the worker.
( 2 ) *Form of notice.* The notice to the worker required by paragraph (b)(1) of this section must: ( i ) Identify the person who entered into the non-compete clause with the worker;
( ii ) Be on paper delivered by hand to the worker, or by mail at the worker's last known personal street address, or by email at an email address belonging to the worker, including the worker's current work email address or last known personal email address, or by text message at a mobile telephone number belonging to the worker.
( 3 ) *Exception.* If a person that is required to provide notice under paragraph (b)(1) of this section has no record of a street address, email address, or mobile telephone number, such person is exempt from the notice requirement in paragraph (b)(1) of this section with respect to such worker.
( 4 ) *Model language.* For purposes of paragraph (b)(1) of this section, the following model language constitutes notice to the worker that the worker's non-compete clause cannot legally be enforced and will not be enforced against the worker. Figure 1 to Paragraph (b)(4)—Model Language
( 5 ) *Safe harbor.* A person complies with the requirement in paragraph (b)(1) of this section if the person provides notice to a worker pursuant to paragraph (b)(4) of this section.
( 6 ) *Optional notice in additional languages.* In addition to providing the notice required in paragraph (b)(1) of this section in English, a person is permitted to provide such notice in a language (or in languages) other than English or to include internet links to translations in additional languages. If providing optional notice under this paragraph (b)(6), a person may use any Commission-provided translation of the model language in paragraph (b)(4) of this section.
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7273

JOHN J. MOORE, JR

. , Plaintiff

- Appellant ,

v. WARDEN BUSH , Defendant

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Orangeburg

. Patrick Michael Duffy, Senior District Judge. ( 5:16

- cv - 04012

- PMD )

Submitted : February 22, 2018 Decided: February 26, 2018

Before TRAXLER and DUNCAN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
John J. Moore, Jr. , Appellant Pro Se. Donald John Zelenka, Deputy Attorney General , Susannah Rawl Cole , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA , Columbia, South Carolina, for Appellee.
Unpublished opinions are n ot binding precedent in this circuit.2 PER CURIAM: John J. Moore, Jr. , seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Moore’ s 28 U.S.C. § 2254 (2012) petition. The order is not appeal able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322,
336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at
484

- 85. We have independently reviewed the record and conclude that Moore has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
### **CHAPTER 51—UNITED STATES CAPITOL BUILDINGS AND GROUNDS**

Sec.
5101.
Definition.
5102.
Legal description and jurisdiction of United States Capitol Grounds.
5103.
Restrictions on public use of United States Capitol Grounds.
5104.
Unlawful activities.
5105.
Assistance to authorities by Capitol employees.
5106.
Suspension of prohibitions.
5107.
Concerts on grounds.
5108.
Audit of private organizations.
5109.
Penalties.
### §19271. Establishment of blockchain and cryptocurrency specialist position within OSTP

The Director of the Office of Science and Technology Policy shall establish or designate a blockchain and cryptocurrencies advisory specialist position within the Office to coordinate Federal activities and advise the President on matters of research and development relating to blockchain, cryptocurrencies, and distributed ledger technologies.

(Pub. L. 117–167, div. B, title VI, §10671, Aug. 9, 2022, 136 Stat. 1688.)
H. R. 2474

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To authorize the Congressional Hunger Center to award Bill Emerson and Mickey

Leland Hunger Fellowships for fiscal years 2003 and 2004.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TEMPORARY AUTHORITY FOR CONGRESSIONAL HUNGER

CENTER TO AWARD BILL EMERSON AND MICKEY LELAND

HUNGER FELLOWSHIPS.

Notwithstanding the Congressional Hunger Fellows Act of 2002

(section 4404 of Public Law 107–171; 2 U.S.C. 1161), funds appropriated for fiscal years 2003 and 2004 for the purpose of providing

the Bill Emerson and Mickey Leland Hunger Fellowships shall

be made available to the Congressional Hunger Center for the

purpose of awarding the fellowships, except that any such funds

provided in excess of $3,000,000 in fiscal year 2003 or $3,000,000

in fiscal year 2004 shall be appropriated to the Congressional

Hunger Fellows Trust Fund established by such Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
#### § 232.406 Cover Page XBRL Data Tagging.

Electronic filers submitting Forms 10-K (§ 249.310 of this chapter), 10-Q (§ 249.308a of this chapter), 8-K (§ 249.308 of this chapter), 20-F (§ 249.220f of this chapter) or 40-F (§ 249.240f of this chapter) who are required to submit Interactive Data Files (§ 232.11) in Inline XBRL format in accordance with this Regulation S-T must tag in Inline XBRL electronic format, in the manner provided by the EDGAR Filer Manual, all of the information provided by the electronic filer that is required on the cover page of these forms.

[84 FR 12722, Apr. 2, 2019]
§ 1702.11 Product specifications. Each petition for an exemption shall include: ( a ) A complete quantitative formula for the product, including inert ingredients, diluents, and solvents. (Petitioners should refer to § 1702.6 for information regarding trade secrets.)
( b ) A listing of all physical forms or dosage forms (whichever is appropriate) in which the product is available.
#### § 210.3A-04 [Reserved]