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31 May 2024, 9:40 am by Daniel J. Gilman
It’s a bit easier to imagine a marginal case in a smaller market, where there might be a colorable antitrust claim (say, under Section 7 of the Clayton Act), and where both the likelihood of harm and a colorable defense turn on the relative stability of a small or mid-sized practice group or two. [read post]
31 May 2024, 6:51 am by Kelly Bachich Sheehan
It has been instrumental in enacting broad federal environmental regulations, from the Clean Air Act to the Clean Water Act, under the premise that pollution does not respect state boundaries and thus falls under interstate commerce. [read post]
28 May 2024, 1:37 pm by bklemm@foley.com
Deployers who act promptly to cure violations and generally maintain systems in compliance with generally accepted AI risk management practices may have an affirmative defense to enforcement actions. [read post]
28 May 2024, 10:03 am by Michael C. Dorf
Aiello (1974), which held that distinctions drawn on the basis of pregnancy are not sex-based. [read post]
27 May 2024, 9:05 pm by U.S. Department of Agriculture
For example, she changed the way her team fulfills Freedom of Information Act (FOIA) requests. [read post]
27 May 2024, 10:23 am by John Floyd
” An extraneous offense is conduct that violates a state or federal penal code, while prior misconduct deals with acts that, while not criminal, are generally considered morally or ethically reprehensible. [read post]
27 May 2024, 5:45 am by Norman L. Eisen
We turn now to what the experienced attorneys will likely each argue based upon the openings, what they have said in court since, the evidence, and the law—and on our observations in both of us attending court daily. [read post]
27 May 2024, 4:00 am by Michael C. Dorf
The State of Texas files a pre-trial motion to dismiss the claim against the State based on sovereign immunity. [read post]
24 May 2024, 6:02 pm by Yosi Yahoudai
The lawsuit against Georgia-based gun-maker Daniel Defense was filed in Texas by the same group of 19 families who sued on Wednesday. [read post]
24 May 2024, 12:47 pm by John Ross
The defense instead learns this from the witness's counsel the night before her planned testimony. [read post]
24 May 2024, 7:49 am by John Elwood
The act prohibits possession of certain semiautomatic pistols and rifles. [read post]
24 May 2024, 3:00 am by Jim Sedor
Federal prosecutors had asked for a 40-year term, arguing the attack constituted an act of terrorism. [read post]
23 May 2024, 12:25 pm by Lawrence Solum
Here is the abstract: The adverse employment acts prohibited by Title VII extend far beyond mere hiring and termination. [read post]
21 May 2024, 2:16 pm by Seyfarth Shaw LLP
Applying that rule, some courts have held that a plaintiff may establish a prima facie case under the federal Equal Pay Act (“EPA”) by pointing to the existence of one comparator of the opposite sex who is paid more, despite evidence that would tend to undercut an inference of sex-based wage discrimination. [read post]
Amended Definition of Device In the final rule, FDA amended the definition of “device” under the Federal Food, Drug and Cosmetic Act (FDCA) to In Vitro Diagnostics (IVDs) offered as LDTs stating: “. . . [read post]