Posts tagged with: "302"
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23 Sep 2013, 7:00 am by beverlym
Are you holding unclaimed or abandoned client funds in your trust account?  If the answer is yes, October is the month to pay the funds over to the bar and send the paperwork to the Department of State Lands. What … Continue reading → [read post]
24 Mar 2011, 9:25 pm by Andrew Berger
The New York Court of Appeals (“Court of Appeals”) delighted the copyright industry on March 24 in the case of Penguin v. American Buddha by allowing New York-based copyright holders to assert digital piracy copyright infringement claims in this state even if the copyright holders suffered no quantifiable injury in N.Y. and even if no infringing… [read post]
17 Jul 2012, 5:14 pm by Editor
HighNoon_1952.jpg In private security contractor's negligence suit for injuries suffered in Afghanistan, allegedly as a result of the defendant transit service's negligence in providing security measures, summary judgment for defendant was appropriate when the plaintiff could not provide, as required by "state" law, an expert witness to testify on the expected standard of care applicable to the case, in Burke v. Air Serv Intern., Inc. __ F.3d… [read post]
1 Nov 2010, 1:30 am by Editor
iStock_000001565286Medium.jpg Upon removal to federal court of a state law products liability action for allegedly providing a boat with a defectively designed and unreasonably dangerous steering cable, under FRE 302 the trial court instructed the jury to apply a state law presumption (that a product was not defective once it had been on the market for ten years) because the presumption was not procedural since it concerned whether the cable… [read post]
10 May 2010, 7:48 am by beverlym
I first wrote about SB 687 in my post of October 16, 2009.  This legislation continues the requirement of reporting unclaimed IOLTA funds to the Oregon Department of State Lands (DSL), but specifies that proceeds should be paid to the Oregon State Bar (OSB). From it’s inception on January 1, 2010, practitioners found the law [...] [read post]
14 Oct 2010, 2:50 pm by Andrew Berger
Long-arm statutes were designed to extend personal jurisdiction outside of state lines. But no doubt the legislators who enacted these statutes never dreamed that the long arm they were creating might stretch around the  world thanks to the internet. P enguin v. American Buddha is the latest case to shape the boundaries of the long-arm statute… [read post]
29 Jul 2013, 2:00 am by Keith Paul Bishop
The last two posts have reviewed some of California’s rules governing the advertising of securities in California.  As we look ahead to general solicitations in Rule 506 offerings, some issuers will undoubtedly be tempted to use celebrity endorsers.  If an advertisement contains any endorsement or recommendation of the securities by any public figure, whether express or implied (for example, by the inclusion of such person’s photograph or name in the advertisement), then… [read post]
26 Jul 2013, 2:00 am by Keith Paul Bishop
As discussed in yesterday’s post, Section 25302 of the California Corporations Code prohibits any person from publishing an advertisement after the Commissioner of the Department of Business Oversight has given notice to that person that she finds the advertisement contains a false or misleading statement or omits to make any statement necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.  The Commissioner,… [read post]
26 Jun 2013, 1:30 pm by Ronald Meisburg
It came as no surprise to most labor practitioners this week that the Supreme Court granted certiorari to review the U.S Court of Appeals for the District of Columbia Circuit’s decision in NLRB v. Noel Canning, No. 12-1281.  That case, of course, involves the validity of the President’s recess appointments of three NLRB members in January, 2012 and, more broadly, the question of when the President can make recess appointments.  You can read our… [read post]
4 Sep 2012, 8:14 pm by David Oxenford
A $4000 fine was levied by the FCC on an FM station owner who failed to file an application for license after completing construction of changes authorized by a construction permit, finally submitting the license applicaiton about 4 years after that permit had expired. When a broadcaster receives a construction permit authorizing technical changes in a station’s facilities, in most cases, it has three years to complete construction. Upon the completion of construction, the licensee must file an… [read post]
28 Nov 2011, 6:45 am by Keith Paul Bishop
The fundamentals of corporate action can seem about as interesting as flossing.  Yet, the failure to attend to either is likely to result in unpleasant consequences as one lawyer recently discovered in Winterton v. Humitech of No. Cal., LLC, 2011 Bankr. LEXIS 4164 (9th Cir. BAP 2011).  The case began with a lawsuit in California.  That lawsuit resulted in one of the parties – a Nevada corporation named Blue Pine Group, Inc. - commencing a Chapter 7 bankruptcy case.  A purported shareholder in… [read post]
4 Oct 2013, 2:00 am by Keith Paul Bishop
I’ve devoted several blog posts to the multifarious problems engendered by the SEC’s new “bad actor” disqualification provisions.  I’ve done so because Rule 506(d) is so poorly drafted that, like the annals of Volusius, its fate should be to provide loose wrappings for fish (“laxas scombris saepe dabunt tunicas“).   Under Rule 506(d), an issuer will be debarred from relying on Rule 506 if any of its directors is, or has been, subject to… [read post]
2 Aug 2011, 10:54 am by David Oxenford
The failure to follow FCC filing rules when a station finished construction of new facilities under a construction permit will apparently cost a radio station $7000 according to a recentNotice of Apparent Liability released by the Commission's Media Bureau.  Before a broadcast station can make most changes to its technical facilities, it must apply to the FCC for approval, which the FCC grants by way of a construction permit.  In most cases, the broadcaster has 3 years to construct the… [read post]
7 Feb 2012, 11:53 am by Hunton & Williams LLP
Last month, the Eleventh Circuit issued an important ruling in favor of an employee who is accusing his employer and UNITE HERE of violating the Labor Management Relations Act ("LMRA") by entering into an organizing rights agreement that includes employer neutrality and employee access features.  In Mulhall v. UNITE HERE Local 355, No. 11-10594 (11th Cir. January 18, 2012), the Court reversed a lower court decision dismissing Mulhall's lawsuit.  That court had held that Section 302 of the LMRA,… [read post]
5 Oct 2010, 7:19 am by Hunton & Williams LLP
The Eleventh Circuit recently ruled that an employee had standing to seek an injunction against his employer and a labor union over alleged violations of the Labor Management Relations Act (“LMRA”) in the union organizing context.  In Mulhall v. UNITE HERE Local 355, Hollywood Greyhound Track, Inc., d.b.a. Mardi Gras Gaming, (No. 09-12683, September 10, 2010), the Eleventh Circuit reversed the lower court’s dismissal of the case, overruling its decision that the employee lacked a cognizable… [read post]
11 Dec 2013, 6:15 am by Michael Lebowich
Last month, the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall, a case claiming that a neutrality agreement violated § 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, the anti-union bribery statute which makes it a crime for an employer to give “money or other thing of value” to a union.  Yesterday, in a surprise move, the Court abruptly dismissed the closely watched case in a single line opinion stating that the appeal was… [read post]
6 Aug 2010, 12:10 pm by meghna
“If I speak the truth, I will not live.”  were the last few words spoken by Janeshwar Sharma in a television interview. The deceased was working as a driver of the affluent business tycoon Anil Nanda. In his interview, he alleged that Anil Nanda, his partner Jitendra Pandey and Manager Dhiraj Balani were involved in a sex scandal. He claimed that Nanda paid some boys to have sex with him at one his houses in the Friends Colony, Delhi. He also sexually exploited his employees at the said house.… [read post]
25 Mar 2011, 2:15 am by Ray Dowd
Penguin Group (USA) Inc. v. American Buddha (N.Y. Ct. Appeals March 24, 2010), the New York State Court of Appeals decided an issue of extraordinary importance:  whether someone offering copyrighted works in another state could be sued in New York if the copyright owner is located in New York, even if no sale took place in New York?You can read my earlier post Copyright and the Story of the Long-Armed Buddhist Penguin here.My post on the question being certified to the New York Court of… [read post]
3 Sep 2011, 3:06 am by Mandelman
Attention Foreclosure Defense Attorneys… It’s time to take it up a notch or two… MAX GARDNER PRESENTS… WHAT YOU NEED TO KNOW ABOUT THE UCC FOR FORECLOSURE DEFENSE For attorneys engaged in foreclosure defense today, Max Gardner’s seminars are always important and extremely valuable… invaluable, in my opinion.  But the two upcoming highly specialized sessions, one to be held in Ontario, California and the other in New York City, promise to deliver value on an entirely… [read post]
29 Sep 2010, 4:40 am by Andrew Frisch
Wang v. Chinese Daily News, Inc. Following a verdict/decision in the plaintiffs favor, the defendant appealed to the Ninth Circuit based on a variety of issues, both substantive and procedural.  As discussed here, the Ninth Circuit affirmed the lower Court’s holding that the plaintiffs, reporters for a local Chinese-language newspaper were nonexempt under the Fair Labor Standards Act (“FLSA”) and California Wage and Hour Law. Reasoning that the plaintiff-reporters were not subject to the… [read post]