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17 Apr 2018, 7:50 pm
Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. . . servicing automobiles,” and they are thus exempt from the Fair Labor Standards Act’s overtime-payrequirement)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. [read post]
29 Jan 2021, 2:59 am
Charles E. [read post]
6 Dec 2021, 4:49 am
LLC, 2021 NY Slip Op 32281(U) [Sup Ct, NY County Nov. 12, 2021], exploring three limits New York law imposes upon the ability to recover LLC indemnification. [read post]
16 Nov 2013, 4:44 pm
Recently, in late 2012, the New York’s highest court enforced a contractual waiver of fiduciary duties among LLC members in Pappas v. [read post]
19 Mar 2012, 4:00 am
" Justice Moskowitz's Dissenting Opinion The dissenting opinion, authored by Associate Justice Karla Moskowitz and joined by Associate Justice Peter Tom, begins its analysis by noting that § 18-1101(e) of the Delaware LLC Act expressly authorizes provision in the LLC agreement "for the limitation or elimination of any and all liabilities for breach of contract and breach of duties (including fiduciary duties). [read post]
9 Mar 2010, 7:42 am
Here’s the notice (redacted): NOTICE OF PUBLICATION Serial Number: 55-555,555 Mark: TRADEMARK (STANDARD CHARACTER MARK) International Class(es): 555 Applicant: ACME, LLC Attorney Reference Number: 012345 The mark identified above has been published in the Trademark Official Gazette (OG) on Mar 9, 2010 . [read post]
2 Mar 2010, 1:47 pm
Reading the content of this writing or communicating with our office staff or attorneys by telephone, fax or e-mail does not make you a client of Tamari & Blumenthal, LLC. [read post]
18 Jun 2012, 3:00 am
The Trial Court's Decision Justice Carolyn E. [read post]
14 Jan 2016, 4:44 am
"s here? [read post]
10 Aug 2015, 3:28 am
Two major themes are at work in a noteworthy decision last month by Manhattan Commercial Division Justice Charles E. [read post]
10 Jul 2013, 9:16 am
., LLC, 297 P.3d 1042 (Colo. [read post]
4 Aug 2023, 4:42 pm
An employer’s intent in maintaining a rule is immaterial at this stage. [read post]
24 Dec 2018, 4:37 am
In NWM Capital, LLC v Scharfman, 144 AD3d 414 [1st Dept 2016], the Appellate Division later adopted Justice Bransten’s “necessary to preserve the partnership” standard for equitable general partner removal. [read post]
20 Jun 2018, 2:34 pm
Greene's Energy Group, LLC, Docket No. 16-712, J. [read post]
7 Jun 2008, 11:21 am
COMMERCIAL PROPERTY - TERRORISM COVERAGE - NEW YORK STANDARD FIRE INSURANCE POLICY - INSURANCE LAW § 3404Tag 380, LLC v. [read post]
10 Feb 2017, 9:16 am
The USPTO refused registration of the mark DEEP SOUTH STUDIOS, in standard character and design form, for "movie studio services," finding the term "DEEP SOUTH" to be primarily geographically descriptive of the services under Section 2(e)(2). [read post]
30 Apr 2014, 8:38 am
Rather, the “American Rule” governed: “‘[E]ach litigant pa[id] his own attorney’s fees, win or lose . . . . [read post]
11 Apr 2014, 3:18 pm
This Trademark Trial and Appeal Board (TTAB) dispute involves the mark SHAPE (in both standard character and stylized format) owned by Weider Publications, LLC (Opposer) and the trademark SHAPES in standard character format owned by D & D Beauty Care, LLC’s (Applicant). [read post]
9 Dec 2011, 7:47 am
In other articles [see, e.g., Larry E. [read post]
14 Sep 2012, 2:57 am
The Board reversed six Section 2(e)(1) refusals of the mark N3D, in standard character and design form, and N3D DIRECTV, finding the marks not to be merely descriptive of broadcasting services, television programming, and the like, in classes 38 and 41. [read post]