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18 Mar 2024, 6:00 am
The Final Rule specifically identifies and describes the following factors as relevant to the economic reality standard: 1. [read post]
17 Mar 2024, 5:42 pm
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, 12:35 pm
KOSA cannot satisfy this exacting standard. [read post]
14 Mar 2024, 9:05 pm
Moreover, under the landmark cases Revlon, Inc. v. [read post]
13 Mar 2024, 12:31 pm
ByteDance, Inc. [read post]
12 Mar 2024, 3:36 am
Payward, Inc.; Payward Ventures, Inc. [read post]
11 Mar 2024, 6:10 am
Congress has required scienter to be pleaded with particularity, which demands detail—“omissions and ambiguities count against inferring scienter” (Tellabs, Inc. v. [read post]
11 Mar 2024, 12:15 am
Many extremely important doctrines and standards are the product of case-law and subject to continuous refinement by the Delaware courts. [read post]
10 Mar 2024, 9:05 pm
Minn 2023), available at https://www.justice.gov/atr/case/us-v-agri-stats-inc. [read post]
8 Mar 2024, 5:20 am
Had the court decided the case using an abuse of discretion standard, the plaintiff may not have succeeded on the merits and therefore would not have been given leave to request attorney’s fees. [read post]
7 Mar 2024, 6:59 am
Qwick Inc., No. [read post]
6 Mar 2024, 9:03 pm
The Supreme Court articulated the meaning of materiality in cases in the 1970s and 1980s.[6] It is this standard of materiality that is reflected in Commission rules.[7] It is this same materiality standard that appears in numerous disclosure rules governing registration statements and public company annual reports.[8] It is this same materiality standard that is used throughout the final rules we’re considering today. [read post]
6 Mar 2024, 9:01 pm
The Supreme Court has stated that, in extraordinary cases – which I believe includes today’s rule – an agency must cite to “something more than a merely plausible textual basis for [its] action. [read post]
5 Mar 2024, 8:45 am
” Corner Post, Inc. v. [read post]
5 Mar 2024, 6:02 am
Telesector, Inc., issued on February 28. [read post]
4 Mar 2024, 5:56 pm
ICON Health &Fitness, Inc., 572 U.S. 545, 553 (2014), and the text of the CTA is wide-ranging inscope. [read post]
Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?
4 Mar 2024, 9:45 am
Auld Company v. [read post]
4 Mar 2024, 4:00 am
“Under any standard of value, the true economic value of a business enterprise will equal the company’s accounting book value only by coincidence . . . [read post]
3 Mar 2024, 9:01 pm
In the Match Group case, the de [read post]
29 Feb 2024, 3:48 pm
In one decision, the COFC used a different standard for key personnel requirements than that employed by the GAO. [read post]
