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25 Apr 2024, 1:28 pm by Hunton Andrews Kurth LLP
  Private claims based on alleged omissions under Item 303 had proliferated in the Second Circuit—the country’s busiest circuit for securities litigation—since the Second Circuit’s decision in Stratte-McClure v. [read post]
27 Dec 2023, 6:29 pm by Kelly McClure
Fit parents have a fundamental right to make decisions regarding child rearing pursuant to Troxel v. [read post]
22 Oct 2023, 9:01 pm by renholding
Ocwen [16] that the disclosure obligations imposed by Item 303 and Section 10(b) differ significantly.[17] Just a few months after the NVIDIA ruling, on January 12, 2015, the Second Circuit in Stratte-McClure v. [read post]
5 Jun 2023, 6:24 am by Unknown
When the Second Circuit first recognized a private right of action under Item 303 in Stratte-McClure v. [read post]
4 Jan 2023, 6:30 am by Guest Blogger
It was this nationalistic Hamiltonian mode that found its way into the United States Reports through Chief Justice John Marshall’s opinion for the Court in McCulloch v. [read post]
6 Sep 2022, 1:57 pm by Michael Oykhman
The Guilty Act (Actus Reus) The actus reus for extortion is established by proof, beyond a reasonable doubt, of the following: The accused used “threats, accusations, menaces or violence” against the complainant; and The prohibited conduct was to induce or attempt to induce any person to do anything As indicated in the case of R v McClure, 1957 CanLII 485 (MB CA) what amounts to “threats, accusations, menaces, or violence” is a question of fact. [read post]
6 Sep 2022, 1:57 pm by Michael Oykhman
The Guilty Act (Actus Reus) The actus reus for extortion is established by proof, beyond a reasonable doubt, of the following: The accused used “threats, accusations, menaces or violence” against the complainant; and The prohibited conduct was to induce or attempt to induce any person to do anything As indicated in the case of R v McClure, 1957 CanLII 485 (MB CA) what amounts to “threats, accusations, menaces, or violence” is a question of fact. [read post]
4 Aug 2022, 5:01 am by Eugene Volokh
King & Spalding, 467 U.S. 69, 78 (1984). [8] See infra note 34. [9] See, e.g., State by McClure v. [read post]