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22 Apr 2024, 5:00 am
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
19 Mar 2024, 6:08 pm
In these posts I provide a short summary of the draft chapter and a link t access a 'pdf' version. [read post]
25 Jan 2024, 2:51 pm
The court reasoned that the gravamen of the underlying complaint concerned uncovered intentional malfeasance, such that “[t]o the extent CAA could have succeeded on these causes of action by proving non-willful conduct, any such conduct would have been ‘so closely related to [the] intentional misconduct as to constitute the same course of conduct for purposes of Insurance Code section 533. [read post]
2 Jan 2024, 12:56 pm
The lawsuits filed against biotech and high-tech companies together represented a total of 66 suits, representing about 31% of all the 2023 federal court securities class action lawsuit filings. [read post]
14 Dec 2023, 12:18 pm
By my count, of the 66 SPAC related securities lawsuits filed since January 1, 2021, 20 of those lawsuits (about 30%) were filed against companies in the EV industry. [read post]
12 Dec 2023, 5:56 am
The roadmap for restoring rule of law should incorporate four main goals. [read post]
8 Dec 2023, 10:02 am
While the $480,000 that LaFourche is a significant amount for a medical practice to pay, agreeing and adhering to the requirements of the settlement agreement and its incorporated corrective action plan allows LaFourche to avoids becoming subject to significantly greater civil monetary penalties authorized by HIPAA for breaches of its Privacy, Security and Breach Notification Rules. [read post]
19 Oct 2023, 7:06 pm
Indeed, " [t]he right to development is also emerging as a cornerstone of the calls for a new economic order. [read post]
19 Sep 2023, 1:15 am
A recent study found that: 57% of consumers look for a lawyer independently, and many search online. 66% of solo attorneys/small law firms do their own marketing. [read post]
8 Aug 2023, 9:05 pm
Tørsløv, T. [read post]
14 May 2023, 7:07 pm
Pix Credit here The issue of national security has become an important element of the re-ordering of apex powers as they continue to decouple their economies and set up their own post-global imperiums. [read post]
6 May 2023, 2:49 pm
So if 20% of the APEs vote yes, 5% vote no, and 75% don’t vote at all, Computershare will vote 80% of the preferred stock for yes, which will be enough to pass the amendments even if all of the common stock doesn’t vote (or votes no). [read post]
30 Apr 2023, 6:30 am
At the same time, two thirds of business executives tell us that taking a stance on social issues builds trust among customers (64%) and employees (66%). [read post]
30 Apr 2023, 6:30 am
At the same time, two thirds of business executives tell us that taking a stance on social issues builds trust among customers (64%) and employees (66%). [read post]
1 Feb 2023, 9:01 pm
Many would say, in fact, that large private issuers are backed by the most sophisticated investors in the world and don’t need the SEC to impose disclosure or corporate governance protections. [read post]
28 Jan 2023, 7:32 am
Meanwhile, the Securities and Exchange Commission unveiled a slew of guidance and rule proposals to improve disclosures and add clarity to ESG investing, including the agency’s controversial proposal for climate risk disclosure. [read post]
22 Jan 2023, 6:59 pm
See Slip op. at 66-67. [read post]
5 Jan 2023, 6:17 pm
The Exchange Act voids “[a]ny condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this title. [read post]
30 Nov 2022, 2:13 pm
Securities Litigation, the court rejected the defendants’ price impact challenge, explaining that “‘[w]hile it is generally true that in an efficient market, any information released to the public is presumed to be immediately digested and incorporated into the price of a security, it is plausible that complex economic data understandable only through expert analysis may not be readily digestible by the marketplace. [read post]
20 Nov 2022, 9:53 am
Similar language appeared in the incorporation of towns in 1839 and 1840. 1839 Miss. [read post]
