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8 Apr 2024, 10:08 am by admin
” The plaintiffs’ litigation theory lacked any meaningful epidemiologic support, and so there were fulsome presentations of putative, hypothetical mechanisms. [read post]
18 Mar 2024, 6:00 am by Sherica Celine
” 20 Following such precedent, federal appellate courts have repeatedly cautioned against a mechanical or formulaic application of the economic reality test, 21 and specifically warned that no single factor is controlling and the list of factors is not exhaustive. 22 Contrary to the core-factor emphasis of the 2021 IC Rule, the Final Rule reverts to a multi-factor totality of circumstances test that does not ascribe weight to any factor. [read post]
4 Mar 2024, 5:56 pm
Pix credit here In a 53 page opinion, the United States District Court for Northern Alabama has ruled, in National Small Business Association v. [read post]
11 Dec 2023, 9:05 pm by renholding
M&F Worldwide Corp.,, the Delaware Supreme Court adopted a novel mechanism by which the judicial standard of review of interested controlling stockholder mergers would shift from entire fairness to business judgment if a transaction were structured using procedural “protections” in the form of approval by both an independent committee and a majority of minority stockholders. [read post]
31 Oct 2023, 9:05 pm by renholding
.,[1] a case that (i) could radically change the potential for bankruptcy to serve as the preferred mechanism for corporations seeking to resolve mass torts, (ii) could significantly diminish the rights of mass tort victims, and (iii) might replace federal district courts with bankruptcy courts as the key decision-maker in major mass tort litigation – a transition that is not likely to improve the quality of justice in mass tort cases. [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
"[8] Because of that, Congress could restrict such discrimination against military recruiters without violating the First Amendment.[9] "[I]f an individual announces that he intends to express his disapproval of the Internal Revenue Service by refusing to pay his income taxes," that announcement offers no basis for applying First Amendment scrutiny to the nonpayment of taxes.[10] Likewise, if a university announces that it is expressing disapproval of the military's… [read post]
30 May 2023, 3:34 pm
Human rights due diligence has proven to be a versatile mechanism for quality control, as well as for accountability and pricing. [read post]
Marine Corps for 13 years as an AV-8B Harrier pilot and flight instructor before leaving the service in 2002. [read post]
1 Feb 2023, 9:01 pm by renholding
Like the children’s book, the “Very Hungry Caterpillar,” [18] unfettered access to capital through Rule 506 has had a bloating effect on private issuers.[19] Whereas, in prior decades, small private issuers who grew and grew had to turn to the public markets to sate their capital needs, now Reg D, among other legal and regulatory mechanisms, has allowed for the development of pools of private capital sufficient to satisfy the needs of even the largest private issuers. [read post]
3 Jun 2022, 10:03 am by Robert B. Milligan
Thanoo, 999 F.3d 892 (3d Cir. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). [read post]
1 Jun 2022, 7:16 pm
The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) commissioned thisReport on behalf of the BMZ.MY COMMENTARY: This is a very European prosopography. [read post]
20 Apr 2022, 3:14 am by Matthias Weller
Bibliography Åkerfeldt, Xerxes ”Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here)   “Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish… [read post]