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SCOTUS’s job transfer ruling raises greater risk of DEI disputes

Philip Berkowitz discusses the Supreme Court’s decision in Muldrow v. City of St. Louis that makes it easier for employees to bring workplace discrimination claims against unwanted job transfers.

International Employment Lawyer

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NYC Pay Transparency Changes Poised to Shape Job Ads Nationally

Eli Freedberg explains that there are lots of gray areas for employers in a New York City law that requires them to post pay ranges in their job ads.

Bloomberg Law

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As costs rise, is an $18 minimum wage the new standard for pay debates?

Shannon Meade talks about states implementing minimum wage increases, increases in employers’ total compensation packages and the trend in “unretirements.”

HR Dive

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States That Raise Minimum Wage May Counterbalance Inflation

Paul Piccigallo talks about considerations for employers when raising minimum wage in the midst of rising inflation.

SHRM Online

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Littler Continues Run on Lateral Market with Kaiser Permanente Attorney in San Francisco

Melissa Cee and Erin Webber discuss hiring the sixth shareholder at Littler – Noah Garber – since July as part of Littler’s new talent strategy that the firm began developing last year. 

The Recorder

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Massachusetts Revises Its Workers’ Compensation Notice Requirement

Stephen T. Melnick discusses the Massachusetts Department of Industrial Accidents (DIA)’s revised workers’ compensation notice for employees, which Massachusetts employers will start using Sept. 16, 2024.

SHRM

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Will Senators Keep America’s Promises To Pensioners?

Sarah Bryan Fask provides insight on multi-employer pension plans. 

DCReport

View Article 




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Supreme Court Sends Case Involving ERISA Breach of Fiduciary Duty Pleading Standard Back to Seventh Circuit for Revised Analysis

On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals for the Seventh Circuit, temporarily reinstating allegations by employees of Northwestern University that the fiduciaries of Northwestern’s retirement plans had violated the duty of prudence required by ERISA.




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The Rise in Antisemitism in America

There has been a recent, dramatic rise in antisemitism in the United States. In this podcast, David Goldman, the Executive Director and General Counsel of Congregation Emanu-El in San Francisco, shares his perspective on how this trend is impacting our communities and workplaces, and offers some practical insights as to how the development of a shared understanding, along with a combination of empathy and meaningful policy implementation, can contribute to a more respect-based coexistence as we move forward.
  




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Revised Poster Requirement in Massachusetts Starting September 16, 2024

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.




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California Health Care Employers Must Implement California Health Care Minimum Wage Raise By October 16, 2024

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was scheduled to occur on June 1, 2024.  However, there were several delays and amendments to the law due to its impact on the California budget.  After the last delay in late June, health care employers did not have a clear answer t




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The Promise and Perils of Affinity Groups; Or, How Not to Bargain with your Employee Resource Group

A properly structured and implemented Affinity Group (AKA Employee Resource Group) is a powerful tool in an employer’s Diversity Equity & Inclusion tool belt. But, unwary employers may risk violating the National Labor Relations Act if they bargain with an Affinity Group. In this month’s podcast, Alyesha Asghar Dotson discusses the do’s and don’ts of interacting with an active Affinity Group within your organization.
  




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What To Know About EEOC Conciliation Regs' Coming Demise

Jim Paretti discusses the rescinding of a controversial EEOC rule that would have required the agency to share more information with employers credibly accused of discrimination during the conciliation process.

Law360 Employment Authority

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Another Unexpected Surprise for International Assignees: Section 457A (No, Not 409A!) of the U.S. Tax Code

By now, most lawyers advising international companies on compensation packages for expatriates that include deferred compensation are familiar with section 409A of the United States Internal Revenue Code ("US tax code" or "Code").




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Penalties for Immigration-Related Violations Continue to Rise in 2024

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024. Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections of IRCA administered by the Department of Homeland Security (DHS), Immigration & Customs Enforcement (ICE).




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OFCCP Revises Compensation Analysis Directive But Leaves Questions About Documentation Created Under Attorney-Client Privilege

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022.




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Massachusetts Revises Guidance on Paid Family and Medical Leave

Ellen Donovan McCann, Alice Kokodis and Jim Paretti explain the Massachusetts Department of Family and Medical Leave’s new, more employer-friendly guidance.

SHRM Online

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When Does Tough Talk Rise to an Ethical Violation or Even Extortion?




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

  • Lawsuits against employers under the FCRA show no signs of abating in 2023, including nationwide class actions.
  • Employers can fortify efforts to comply with the FCRA by, among other things, reviewing their policies and procedures and providing FCRA compliance training.




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The FDIC Proposes Revised Regulations Concerning Section 19 of the Federal Deposit Insurance Act to Conform to the Fair Hiring in Banking Act

  • The FDIC has proposed revised regulations implementing Section 19 of the Federal Deposit Insurance Act.
  • Section 19 generally prohibits individuals convicted of certain offenses from participating in the affairs of an FDIC-insured depository institution.
  • The rule would affect approximately 4,680 FDIC-insured depository institutions.
  • Comments to the rule are due by January 16, 2024.




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IRS Raises Standard Mileage Rate for July to December 2022

On June 9, 2022, the Internal Revenue Service issued Announcement 2022-13, increasing the optional standard mileage rate for the final six months of 2022 from 58.5 cents per mile to 62.5 cents per mile.  The new rate will be effective for traveling beginning on July 1, 2022, through December 31, 2022.  The old rate of 58.5 cents per mile will remain in effective through June 30, 2022.




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Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak Out Act?

Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will this have on our template releases, separation agreements, and litigation settlement agreements? How do you recommend we revise those documents?

                                         —Revising Releases

Dear Revising,




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Maine Poised to Enact Sweeping Paid Family and Medical Leave Law

  • Maine is expected to join 13 other states and Washington, D.C. in implementing a paid family and medical leave program.
  • Maine’s program, which will provide up to 12 weeks of paid leave per year, covers all eligible employees of private and public employers, except employees of the federal government, in the state regardless of employer size.
  • Employers and employees will split a 1% payroll tax to fund the paid family and medical leave program.




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State Legislation to Curb Workplace Violence Raises Compliance Concerns

Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

State Net Capitol Journal

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New regulation raises compliance concerns for large employers

Janell Ahnert discusses OSHA’s expanded electronic recordkeeping rule and how it may change OSHA inspections going forward.

Birmingham Business Journal

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House Subcommittee Hearing Raises Concerns About Proposed Heat Illness Rule

Felicia Watson discusses three concerns about a proposed OSHA rule that would protect indoor and outdoor workers from heat illness.

SHRM

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Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under the Occupational Health and Safety Act (OHSA).




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Once Bitten, Twice Shy: COBRA Excise Tax Audits May Add to COBRA's Bite

The advent of Health Care Reform has not lessened the importance of complying with existing Employee Retirement Income Security Act (ERISA) and Internal Revenue Code requirements for employer-provided group health plans, such as COBRA, which requires covered health plans to provide certain notices and the opportunity to elect continued coverage to covered persons (qualified beneficiaries) who would otherwise lose coverage because of certain "qualifying events" such as termination of employment, loss of dependent status, and others.

IRS Updated COBRA Audit Guidelines




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The Labor Dept. Wants to Revise a Trump-Era Policy on Handling of Discrimination Claims Against Contractors

David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

Government Executive

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Court finds employers' discretion in awarding bonuses must be exercised fairly

Rhonda B. Levy and George Vassos discuss an Ontario Court of Appeal decision that puts employers on notice that their discretion in awarding bonuses is not unconstrained and must be exercised fairly and reasonably.

Human Resources Director Canada

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Littler’s D. Porpoise Evans Appointed as Office Managing Shareholder in Miami

MIAMI (May 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed D. Porpoise Evans as office managing shareholder (OMS) of the firm’s Miami office. Evans succeeds Lori Brown, who will fully shift her role to focus on her firmwide management and operational responsibilities.




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ETSI Multi-Access Edge Computing extends services to WiFi to address enterprise needs

ETSI Multi-Access Edge Computing extends services to WiFi to address enterprise needs

Sophia Antipolis, 16 July 2020

The ETSI Industry Specification Group on Multi-Access Edge Computing, ISG MEC, has recently released ETSI MEC GS 028 to extend network information services to the world of WiFi and thus squarely into enterprises space.

Read More...




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OSC Staff Notice 11-737 (Revised) – Securities Advisory Committee – Vacancies

The Securities Advisory Committee (“SAC”) is a committee of industry experts established by the Commission to advise it and its staff on a variety of matters including policy initiatives and capital markets trends.




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How should governments respond to crises? Rapid response using RIAPA modeling system




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Cybersecurity Snapshot: Apply Zero Trust to Critical Infrastructure’s OT/ICS, CSA Advises, as Five Eyes Spotlight Tech Startups’ Security

Should critical infrastructure orgs boost OT/ICS systems’ security with zero trust? Absolutely, the CSA says. Meanwhile, the Five Eyes countries offer cyber advice to tech startups. Plus, a survey finds “shadow AI” weakening data governance. And get the latest on MFA methods, CISO trends and Uncle Sam’s AI strategy.

Dive into six things that are top of mind for the week ending Nov. 1.

1 - Securing OT/ICS in critical infrastructure with zero trust

As their operational technology (OT) computing environments become more digitized, converged with IT systems and cloud-based, critical infrastructure organizations should beef up their cybersecurity by adopting zero trust principles.

That’s the key message of the Cloud Security Alliance’s “Zero Trust Guidance for Critical Infrastructure,” which focuses on applying zero trust methods to OT and industrial control system (ICS) systems.

While OT/ICS environments were historically air gapped, that’s rarely the case anymore. “Modern systems are often interconnected via embedded wireless access, cloud and other internet-connected services, and software-as-a-service (SaaS) applications,” reads the 64-page white paper, which was published this week.

The CSA hopes the document will help cybersecurity teams and OT/ICS operators enhance the way they communicate and collaborate.

 

 

Among the topics covered are:

  • Critical infrastructure’s unique threat vectors
  • The convergence of IT/OT with digital transformation
  • Architecture and technology differences between OT and IT

The guide also outlines this five-step process for implementing zero trust in OT/ICS environments:

  • Define the surface to be protected
  • Map operational flows
  • Build a zero trust architecture
  • Draft a zero trust policy
  • Monitor and maintain the environment

A zero trust strategy boosts the security of critical OT/ICS systems by helping teams “keep pace with rapid technological advancements and the evolving threat landscape,” Jennifer Minella, the paper’s lead author, said in a statement.

To get more details, read:

For more information about OT systems cybersecurity, check out these Tenable resources: 

2 - Five Eyes publish cyber guidance for tech startups

Startup tech companies can be attractive targets for hackers, especially if they have weak cybersecurity and valuable intellectual property (IP).

To help startups prevent cyberattacks, the Five Eyes countries this week published cybersecurity guides tailored for these companies and their investors.

“This guidance is designed to help tech startups protect their innovation, reputation, and growth, while also helping tech investors fortify their portfolio companies against security risks," Mike Casey, U.S. National Counterintelligence and Security Center Director, said in a statement.

These are the top five cybersecurity recommendations from Australia, Canada, New Zealand, the U.S. and the U.K. for tech startups:

  • Be aware of threat vectors, including malicious insiders, insecure IT and supply chain risk.
  • Identify your most critical assets and conduct a risk assessment to pinpoint vulnerabilities.
  • Build security into your products by managing intellectual assets and IP; monitoring who has access to sensitive information; and ensuring this information’s protection.
  • Conduct due diligence when choosing partners and make sure they’re equipped to protect the data you share with them.
  • Before you expand abroad, prepare and become informed about these new markets by, for example, understanding local laws in areas such as IP protection and data protection.

 

 

“Sophisticated nation-state adversaries, like China, are working hard to steal the intellectual property held by some of our countries’ most innovative and exciting startups,” Ken McCallum, Director General of the U.K.’s MI5, said in a statement.

To get more details, check out these Five Eyes’ cybersecurity resources for tech startups:

3 - Survey: Unapproved AI use impacting data governance

Employees’ use of unauthorized AI tools is creating compliance issues in a majority of organizations. Specifically, it makes it harder to control data governance and compliance, according to almost 60% of organizations surveyed by market researcher Vanson Bourne.

“Amid all the investment and adoption enthusiasm, many organisations are struggling for control and visibility over its use,” reads the firm’s “AI Barometer: October 2024” publication. Vanson Bourne polls 100 IT and business executives each month about their AI investment plans.

To what extent do you think the unsanctioned use of AI tools is impacting your organisation's ability to maintain control over data governance and compliance?

(Source: Vanson Bourne’s “AI Barometer: October 2024”)

Close to half of organizations surveyed (44%) believe that at least 10% of their employees are using unapproved AI tools.

On a related front, organizations are also grappling with the issue of software vendors that unilaterally and silently add AI features to their products, especially to their SaaS applications.

While surveyed organizations say they’re reaping advantages from their AI usage, “such benefits are dependent on IT teams having the tools to address the control and visibility challenges they face,” the publication reads.

For more information about the use of unapproved AI tools, an issue also known as “shadow AI,” check out:

VIDEO

Shadow AI Risks in Your Company

 

4 - NCSC explains nuances of multi-factor authentication

Multi-factor authentication (MFA) comes in a variety of flavors, and understanding the differences is critical for choosing the right option for each use case in your organization.

To help cybersecurity teams better understand the different MFA types and their pluses and minuses, the U.K. National Cyber Security Centre (NCSC) has updated its MFA guidance.

“The new guidance explains the benefits that come with strong authentication, while also minimising the friction that some users associate with MFA,” reads an NCSC blog.

 

 

In other words, what type of MFA method to use depends on people’s roles, how they work, the devices they use, the applications or services they’re accessing and so on.

Topics covered include:

  • Recommended types of MFA, such as FIDO2 credentials, app-based and hardware-based code generators and message-based methods
  • The importance of using strong MFA to secure users’ access to sensitive data
  • The role of trusted devices in boosting and simplifying MFA
  • Bad practices that weaken MFA’s effectiveness, such as:
    • Retaining weaker, password-only authentication protocols for legacy services
    • Excluding certain accounts from MFA requirements because their users, usually high-ranking officials, find MFA inconvenient

To get more details, read:

For more information about MFA:

5 - U.S. gov’t outlines AI strategy, ties it to national security 

The White House has laid out its expectations for how the federal government ought to promote the development of AI in order to safeguard U.S. national security.

In the country’s first-ever National Security Memorandum (NSM) on AI, the Biden administration said the federal government must accomplish the following:

  • Ensure the U.S. is the leader in the development of safe, secure and trustworthy AI
  • Leverage advanced AI technologies to boost national security
  • Advance global AI consensus and governance

“The NSM’s fundamental premise is that advances at the frontier of AI will have significant implications for national security and foreign policy in the near future,” reads a White House statement.

 

 

The NSM’s directives to federal agencies include:

  • Help improve the security of chips and support the development of powerful supercomputers to be used by AI systems.
  • Help AI developers protect their work against foreign spies by providing them with cybersecurity and counterintelligence information.
  • Collaborate with international partners to create a governance framework for using AI in a way that is ethical, responsible and respects human rights. 

The White House also published a complementary document titled “Framework To Advance AI Governance and Risk Management in National Security,” which adds implementation details and guidance for the NSM.

6 - State CISOs on the frontlines of AI security

As the cybersecurity risks and benefits of AI multiply, most U.S. state CISOs find themselves at the center of their governments' efforts to craft AI security strategies and policies.

That’s according to the “2024 Deloitte-NASCIO Cybersecurity Study,” which surveyed CISOs from all 50 states and the District of Columbia.

Specifically, 88% of state CISOs reported being involved in the development of a generative AI strategy, while 96% are involved with creating a generative AI security policy.

However, their involvement in AI cybersecurity matters isn’t necessarily making them optimistic about their states’ ability to fend off AI-boosted attacks.

None said they feel “extremely confident” that their state can prevent AI-boosted attacks, while only 10% reported feeling “very confident.” The majority (43%) said they feel “somewhat confident” while the rest said they are either “not very confident” or “not confident at all.”

 

 

Naturally, most state CISOs see AI-enabled cyberthreats as significant, with 71% categorizing them as either “very high threat” (18%) or “somewhat high threat” (53%).

At the same time, state CISOs see the potential for AI to help their cybersecurity efforts, as 41% are already using generative AI for cybersecurity, and another 43% have plans to do so by mid-2025.

Other findings from the "2024 Deloitte-NASCIO Cybersecurity Study" include:

  • 4 in 10 state CISOs feel their budget is insufficient.
  • Almost half of respondents rank cybersecurity staffing as one of the top challenges.
  • In the past two years, 23 states have hired new CISOs, as the median tenure of a state CISO has dropped to 23 months, down from 30 months in 2022.
  • More state CISOs are taking on privacy protection duties — 86% are responsible for privacy protection, up from 60% two years ago.

For more information about CISO trends:




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Outcast. Volume 1, A darkness surrounds him / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, letterer.

Kyle Barnes has been plagued by demonic possession all his life and now he needs answers. Unfortunately, what he uncovers along the way could bring about the end of life on Earth as we know it.




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Outcast. Volume 3, This little light / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, Letterer ; Sean Mackiewicz, editor.

"Kyle is faced with the most emotional exorcism he's performed yet … as he begins to learn more about his abilities and what's really happening around him. The pieces are starting to fall into place as secrets are revealed that will change everything." -- Description provided by publisher.




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Outcast. Volume 2, A vast and unending ruin / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, letterer.

Kyle Barnes has been plagued by demonic possession all his life. In light of recent revelations, he finally feels like he's starting to piece together the answers he's looking for. But while he feels a new sense of purpose is Reverend Anderson's life falling apart?




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Outcast. Volume 4, Under Devil's wing / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, letterer.

"Answers are given, secrets are revealed, and the Barnes family has never been in more danger. Allison learns that there's something very special about her daughter, bu where's Kyle? Will Anderson risk everything to save him?' -- Page 4 of cover.




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Catwoman. Soulstealer : the graphic novel / based on the novel written by Sarah J. Maas ; adapted by Louise Simonson ; illustrated by Samantha Dodge with Carl Potts and Brett Ryans ; colors by Shari Chankhamma ; letters by Saida Temofonte.

Selina Kyle returns to Gotham City as new socialite Holly Vanderhees, but she needs to outsmart rival Batwing to rise to the top of the city's criminal underbelly.




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Yo-kai watch. 17 / story and art by Noriyuki Konishi ; original concept and supervised by Level-5 Inc. ; translation, Tetsuichiro Miyaki ; English adaptation, Aubrey Sitterson ; lettering, John Hunt.

"Nate Adams is just an average kid until the mysterious Whisper gives him the Yo-kai Watch. Now he can see what others cannot: Yo-kai of all shapes and forms! … A mysterious door opens, causing Nate to run into weird and wacky Yo-kai from the past, present and future. Watch as they participate in a battle royale to decide which Yo-kai is the strongest!" -- Provided by publisher.




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Une analyse comparative des méthodes de mise á jour et de rééquilibrage des matrices de comptabilité sociale

Les modèles d’équilibre général calculable (MEGC), largement admis dans la littérature et utilisés comme outils d’analyse d’impacts potentiels de politiques économiques, sont alimentés par des données provenant de la Matrice de Comptabilité Sociale (MCS). Celle-ci appartient à la grande famille des comptes nationaux, représentant l’ensemble des interrelations entre les activités, les institutions d’une économie.




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Rapport 2023 sur les politiques alimentaires mondiales: Repenser les réponses aux crises alimentaires: Synopsis

En 2022, le monde a subi des crises multiples. Les perturbations des systèmes alimentaires dues à la longue pandémie de COVID-19, des catastrophes naturelles majeures, des troubles civils, l’instabilité politique et les impacts croissants du changement climatique ont persisté, tandis qe l’inflation et la guerre entre la Russie et l’Ukraine ont exacerbé la crise alimentaire mondiale et la crise des engrais.




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Síntesis de evidencia: Lineamientos para el diseño de programas crediticios agropecuarios condicionados para el fomento de prácticas agropecuarias sostenibles

Síntesis de evidencia: Lineamientos para el diseño de programas crediticios agropecuarios condicionados para el fomento de prácticas agropecuarias sostenibles

Enfoques para el desarrollo de políticas del sistema alimentario.

The post Síntesis de evidencia: Lineamientos para el diseño de programas crediticios agropecuarios condicionados para el fomento de prácticas agropecuarias sostenibles appeared first on IFPRI.




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NCAL Kaiser Permanente - Psychology Postdoctoral Residency Program- Info. Session (November 13, 2024 4:00pm)

Event Begins: Wednesday, November 13, 2024 4:00pm
Location:
Organized By: University Career Center


Kaiser Permanente’s Northern California Mental Health Training Program would like to invite you to join us and a panel of experts at one of our upcoming Psychology Postdoctoral Residency Virtual Information Sessions. The session will provide you with a high-level overview of Kaiser Permanente, details around the program and position, and an opportunity to ask questions. We look forward to seeing you!