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8 Jun 2016, 2:49 pm by Kevin LaCroix
”[7] That case, however, is distinguishable for at least two reasons: first, the decision interpreted the “affecting” requirement in the context of whether to apply a longer statute of limitations in a criminal case, rather than FIRREA’s civil enforcement mechanism; and second, and most significant, the decision did not address the validity of the “self-affecting” theory because the case involved offenses [read post]
25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
4 Oct 2019, 4:38 pm by Unknown
” Yet this pattern of social reform litigation underscores an important qualification to the judicial capacity model: The sharp limits that judicial capacity imposes on judicial power extend only to capacity-constrained domains. [read post]
1 Jul 2019, 11:27 am by opedit
  Many people don’t like the concept of bankruptcy, but it is important to review it as an option because it is one of the few relief mechanisms available to a wide range of consumers. [read post]
6 Mar 2015, 12:53 pm by MOTP
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
20 Jan 2011, 11:00 am by Dennis Hursh
The past year offered an interesting mix of positive and negative news as investors around the world eagerly anticipated signs of economic recovery and financial stabilization. [read post]
2 May 2011, 4:00 am by Peter A. Mahler
  Justice Friedman's decision in Matter of Giaimo (EGA Associates, Inc.), 2011 NY Slip Op 50714(U) (Sup Ct NY County Apr. 25, 2011), and the underlying, 184-page Report & Recommendation by Special Referee Louis Crespo dated June 30, 2010, are must reading for business appraisers, attorneys and owners of closely held real estate holding corporations who are involved in, or who are contemplating bringing or defending against, a "fair value"… [read post]
31 May 2019, 12:29 pm by Jonathan Stoler and Daniel Masakayan
Electronic sports, known in the industry as “esports,” has seen remarkable growth in the last decade. [read post]
9 Oct 2008, 4:28 am
We just got back - well, one of us, anyway - from the latest ALI Members' Consultative Group ("MCG") meeting concerning the Principles of the Law of Aggregate Litigation (which we'll call "PLAL" for short). [read post]
29 Nov 2009, 11:30 am
The proposed rules include new disclosure requirements with respect to overall compensation policies and their impact on risk-taking, stock and option awards for executives and directors, director and nominee qualifications and legal proceedings, company leadership structure, the board of directors’ role in the risk management process, and potential conflicts of interest of compensation consultants that advise companies. [10] While a number of issues have been raised with respect… [read post]
9 Jun 2020, 12:26 pm by Kevin LaCroix
      MOOTNESS FEES The Delaware Court of Chancery’s 2016 decision in In re Trulia, Inc. [read post]
24 Feb 2020, 7:01 am by MBettman
University Community Tenants Union, Inc., 42 Ohio St.2d 242 (1975) (“Once speech has judicially been found libelous, if all the requirements for injunctive relief are met, an injunction for restraint of continued publication of that same speech may be proper. [read post]
12 Dec 2019, 9:02 pm by Jim Sedor
National/Federal Critics Say Facebook’s Powerful Ad Tools May Imperil Democracy. [read post]
13 Jan 2016, 5:05 pm by Kevin LaCroix
 Soon all corporations began to recognize and appreciate the need for mechanisms to enable fraud detection and greater financial accountability, while investors increasingly relied upon financial reports as corporations began to participate in the stock market.[2]   But when the stock market crashed in 1929, it became apparent that voluntary financial auditing programs alone were insufficient to protect investors from inaccurate and misleading information that could result in… [read post]
2 Mar 2016, 4:26 pm by Kevin LaCroix
  Because iPhone 5c’s (and all later models) can only run software with Apple’s proprietary cryptographic signature, the FBI wants Apple to create and upload a custom version of iOS to Farook’s device that overrides this mechanism. [read post]
8 Jul 2019, 3:15 am by Bill Marler
Hronis, Inc., a Delano, California company was the producer. [read post]