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13 Nov 2023, 4:07 am
Monroe County 2004), an LLC member sought judicial dissolution of an LLC not under Section 702, but under the far more liberal standards in Partnership Law Section 62. [read post]
9 Nov 2023, 9:01 pm
For example, the legal standard for a government regulator like the SEC to issue an administrative subpoena is “official curiosity. [read post]
9 Nov 2023, 10:00 am
Hormel conducted testing at Unitherm and later at Hormel. [read post]
8 Nov 2023, 10:19 am
Given the improvement noted following the initial course of care and the residual complaints, the IMR reviewer concluded that the requested six additional chiropractic treatments were medically justified. [ LexisNexis Commentary: This IMR decision is a useful reminder that the standard for additional chiropractic treatment after an initial course is functional improvement. [read post]
6 Nov 2023, 10:12 am
As we discussed in our blog post of October 27, 2023, the revised test borrows from the right to control standard that has historically been applied in determining whether a group of workers are independent contractors or employees under many state and federal wage and employment laws. [read post]
6 Nov 2023, 4:00 am
Lexis is also testing the product at some other law schools and at major law firms but has not released the identities of such firms; I asked the Lexis representative in charge of the Cornell group of testers whether our participation was also supposed to be secret and he said no. [read post]
6 Nov 2023, 1:11 am
The Press Gazette, SkyNews, BBC, Guardian and Evening Standard reported on the ruling. [read post]
3 Nov 2023, 4:00 am
This Conservative Appeals Court’s Rulings Are Testing the Supreme Court MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 10/26/2023 With a dozen judges nominated by Republican presidents, and only four by Democrats, the U.S. [read post]
31 Oct 2023, 12:41 pm
" He is an ethicist, and he is understandably beside himself to see people failing one of the most clear ethical tests in years. [read post]
30 Oct 2023, 2:03 am
The Press Gazette, Independent, Sky News, Evening Standard and Variety also report the hearing. [read post]
29 Oct 2023, 11:26 am
” Gmail satisfies this standard because anyone can register for a Gmail account. [read post]
25 Oct 2023, 1:09 pm
Under the intrinsic fairness test, the burden of proof is on the directors to show, subject to close scrutiny, that the transactions were objectively fair to Sinven. [read post]
23 Oct 2023, 8:14 pm
This week on The Geek in Review podcast Marlene Gebauer and Greg Lambert featured guests Colin Levy, Ashley Carlisle, and Dorna Moini discussing Levy’s recently published book “Handbook of Legal Tech. [read post]
23 Oct 2023, 6:49 am
The federal court dismissed that claim under Rule 12 under the stringent Iqbal pleading test, created by the Supreme Court in 2009 to required plaintiffs to assert plausible and nonconclusory claims. [read post]
23 Oct 2023, 2:10 am
Employer interests already are voicing complaints on the proposal, with the U.S. [read post]
20 Oct 2023, 2:40 pm
This rule also introduces standardized reporting metrics to be used by private funds. [read post]
20 Oct 2023, 8:19 am
I’ve been happily taking in some of the debate on the sidelines to various presumptions that are attended to the draft guidelines and how they will break on proposed mergers going forward has been the source of a lot of conjecture complaints even. [read post]
19 Oct 2023, 1:28 pm
’” But the amended complaint added a lot more detail, making it plausible that the price was distorted or manipulated, not just a real result of celebrity glamor spillover. [read post]
19 Oct 2023, 7:07 am
" While Lundy holds that the FLSA complaint will be dismissed if the plaintiffs only allege that at some undefined period in their employment they worked more than 40 hours in a single week, the plaintiffs in this case did not fall below the Lundy standard. [read post]
17 Oct 2023, 11:08 am
” The term “encourage” comes from the Grokster inducement test, but the court is very clear that it is applying the common law contributory infringement test, not the inducement test. [read post]