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22 Apr 2024, 1:11 pm by Kevin LaCroix
” The court further recognized that, even assuming Rule 9(b)’s heightened pleading standard applies to the control person claim under Section 20A, the indicia of control alleged in the complaint (i.e., significant ownership stake in the issuer and corresponding influence on the board) satisfied that standard. [9] The GoHealth and Oak Street rulings enabled the plaintiffs to move past the pleading stage, which is a very significant milestone in the securities class action… [read post]
11 Apr 2024, 7:13 am by Joseph J. Lazzarotti
But that may be changing, at least in the minds of insurance underwriters and persons focused on compliance. [read post]
9 Apr 2024, 3:00 am by John Jenkins
” Seems that Staff may be applying this in contexts where they view the resale as a primary offering. [read post]
5 Apr 2024, 12:06 pm by Mark Malonzo
  But noncommercial educational booster stations would be allowed to accept underwriting announcements targeted to specific areas. [read post]
3 Apr 2024, 3:00 am by Meredith Ervine
., Rule 145(c) securities) will be statutory underwriters with respect to resales of those securities and, as such, the Staff has indicated that such securities may not be included in the Form S-1 resale shelf and instead may be sold only in a fixed price offering in which such investors are named as underwriters in the prospectus. [read post]
24 Mar 2024, 5:30 am by Kevin LaCroix
Moreover, determining how much of a discount to apply would be challenging. [read post]
23 Mar 2024, 6:13 pm by Daniel Barry
This broadly worded bulletin applies not only to insurance companies but also licensed insurance intermediaries. [read post]
19 Mar 2024, 7:00 am by Cynthia Marcotte Stamer
OCR’s Bulletin provides a general overview of how the HIPAA Rules apply to covered entities use of tracking technologies. [read post]
17 Mar 2024, 5:42 pm by Cynthia Marcotte Stamer
What Health Plans, Their Fiduciaries, Vendors & Sponsors Should Be Doing Now Health plans, their fiduciaries, health plan sponsors and insurers, and their administrative and other service providers should move quickly to understand and act to mitigate the exposures likely to arise under the Health Insurance Portability and Accountability Act Privacy, Security and Data Breach Rules (HIPAA) Privacy, Security, and Breach Notification Rules, the claims, notice and fiduciary responsibilities under… [read post]
15 Mar 2024, 6:07 am by Michael C. Dorf
If that's so, then one never even gets to the pre-emption question because the Texas law, which does not include a judicial bypass, is simply invalid as applied to block minors' access to contraception.But no one seems to have made that argument, so I'll set it aside for now.Even so, it's not at all clear that Deanda has stated a claim that arises under federal law, as required to satisfy the jurisdictional statute. [read post]
12 Mar 2024, 2:40 pm
” Brief for American Institute of Marine Underwriters et al. as Amici Curiae 17. [read post]
29 Feb 2024, 12:02 pm by Guest Author
For example, banks must extend credit to insiders on substantially the same terms, and follow the same credit underwriting procedures, as it would apply to non-insiders and non-employees. 12 C.F.R. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
23 Feb 2024, 2:57 pm by Kathryn Briuglio
Ed. 2d 285 (1994). [5] See Brief for American Institute of Marine Underwriters et al.. as Amici Curiae. [read post]
21 Feb 2024, 2:04 pm by Ronald Mann
” In particular, referring to a “friend of the court” brief filed by marine insurance underwriters, he asserts that choice-of-law provisions “enable marine insurers to better assess risk,” and also “can lower the price and expand the availability of marine insurance. [read post]
19 Feb 2024, 5:23 am by Kevin LaCroix
The court heard the testimony of a D&O insurance underwriter from HCC, Michael Holl, and a surety underwriter from Zurich, Claudia Markarian. [read post]
16 Feb 2024, 7:00 am by Yosi Yahoudai
“It just won’t underwrite the policy, so it has to be answered with a ‘yes,’ and they premarked the answer with the ‘yes. [read post]