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15 May 2024, 7:41 am by Eric Goldman
MGM Domestic Television Distribution, LLC, 39 F.4th 1236 (9th Cir. 2022), the Ninth Circuit agreed with my view (and cited my amicus brief), expressly rejecting a three-year limit on recovery of damages in cases in which the discovery rule applies. [read post]
7 May 2024, 7:43 am by centerforartlaw
”[19] Image: A screenshot of Hermès trademark for BIRKIN. [read post]
22 Apr 2024, 1:11 pm by Kevin LaCroix
Section 20(a) and Section 15 are parallel provisions that “set out ‘control person’ liability—providing a vehicle to hold one defendant vicariously liable for the securities violations committed by another. [read post]
3 Apr 2024, 9:01 pm by renholding
We’ve seen unlawful tactics on full display in cases where the SEC has charged “influencers” for touting unregistered crypto asset offerings to investors without disclosing that they are being compensated to do so.[18] We even charged one celebrity with making materially false and misleading tweets about supposed returns from his crypto investments while not disclosing that he was being paid hundreds of thousands of dollars for his tweets.[19] Whether it’s the direct… [read post]
20 Mar 2024, 11:24 am by Richard Hunt
Wildwood of Lubbock, LLC, No. 5:19-CV-164-H, 2020 WL 10458628, at *5 (N.D. [read post]
18 Mar 2024, 6:00 am by Sherica Celine
” 15 The remaining “lesser” or “non-core” factors included the amount of skill required for the work, the degree of permanence of the working relationship between the worker and the putative employer, and whether the work is part of an integrated unit of production. 16 The 2021 IC Rule further provided that it was “highly unlikely” that these non-core factors could outweigh the combined probative value of the core factors. 17 The Final Rule rescinds the 2021… [read post]
12 Mar 2024, 12:46 pm by admin
Supp. 2d 977, 1001 (D.Minn. 2007) (holding expert witness to have exceeded proper proffer “to the extent that he speculates as to Bayer’s motive, intent, or state of mind”); 532 F. [read post]
31 Jan 2024, 9:01 pm by renholding
The ramifications of this decision could be significant, as the SEC often uses its in-house courts to seek monetary penalties, and studies reveal that the SEC wins cases it brings in its in-house courts at a much higher rate than those it tries in federal court.[6] We also should expect plaintiffs to attempt to maneuver in light of the Supreme Court’s decision in Slack Technologies LLC v. [read post]
14 Jan 2024, 5:01 am by Eugene Volokh
Stegall, 653 F.2d 180, 185–86 (5th Cir. 1981) (permitting plaintiffs to proceed pseudonymously because the lawsuit revealed their unpopular personal beliefs); Choice, Inc. of Tex. v. [read post]