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Even then, government regulation does not survive constitutional review unless the regulation is narrowly tailored to serve significant government interests, and leaves open ample alternative avenues for the expression to take place. [read post]
20 Dec 2023, 6:03 am by Eugene Volokh
Snap, Inc., filed Monday, following and repeatedly quoting Justice Thomas's separate statement respecting denial of certiorari in Malwarebytes, Inc. v. [read post]
20 Sep 2023, 5:29 am by Andrew Lavoott Bluestone
However, under CPLR § 3211 (a) (1) “dismissal is warranted only if the documentary evidence submitted utterly refutes plaintiff’s factual allegations” (Amsterdam Hospitality Group, LLC v MarshallAlan Assoc., Inc., 120 AD3d 431, 433 [1 st Sept 2014] [internal quotation marks and citation omitted]). [read post]
12 Jun 2023, 8:21 am by Dennis Crouch
by Dennis Crouch The decision in Parus Holdings, Inc. v. [read post]
22 Dec 2022, 5:04 pm by David Klein
For example, the district court in Murray gave HelloFresh a chance to walk away from the settlement after Facebook v. [read post]
1 Dec 2022, 9:10 am by Jack Valladares
Tortious Interference Laws Regarding Non-Compete Agreements Have Changed  In June 2022, Parnell v. [read post]
1 Dec 2022, 9:10 am by Tom Clarkson
Tortious Interference Laws Regarding Non-Compete Agreements Have Changed  In June 2022, Parnell v. [read post]
22 Jul 2022, 5:07 am by John Jascob
Bush on July 30, 2002 signed the Sarbanes-Oxley Act into law after the accounting scandals at Enron and WorldCom Inc. shook markets and U.S. financial regulators. [read post]
18 Jul 2022, 2:46 pm by Kevin LaCroix
Regular readers of this blog know my view that the  rise of collective investor actions outside the United States is one of the most important developments in the world of directors’ and officers’ liability in recent years. [read post]
21 Mar 2022, 4:29 am by Peter J. Sluka
First, a member or shareholder seeking an accounting must establish that a pre-suit demand for such an accounting was made and refused (New York Studios, Inc. v Steiner Digital Studios, 151 AD3d 454, 455 [1st Dept 2017] [“In the absence of an allegation that plaintiffs demanded an accounting, the claim for an accounting fails to state a cause of action”]; Mawere v Landau, 130 AD3d 986, 990 [2d Dept 2015] [“The complaint failed to state a cause of action… [read post]
3 Jan 2022, 12:58 am by Peter Mahler
 The Manhattan Commercial Division’s decision last month in Mascarenhas v Paam Group Inc. involves  an Indian restaurant named Nirvana on Lexington Avenue around the corner from my Manhattan office that, as far as I knew, has been shut down for some time due to the drastic impact of the COVID pandemic on retail and hospitality businesses in the midtown office district. [read post]