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Debevoise Discusses SEC’s Division of Enforcement Year-End Results
29 Nov 2023, 9:01 pm by renholding
District Court for the Southern District of New York ruled that Ripple’s XRP token is not a security and did not constitute an investment contract when sold on the secondary market; this was the first court to decide that a digital asset challenged by the SEC was not a security.[10] ESG The SEC also continued its focus on ESG, with several new actions relating to what the agency viewed as misleading ESG claims. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
“Supreme Court Seems Wary of In-House S.E.C. Tribunals; The justices heard arguments over whether the Constitution allows the agency to pursue enforcement actions before its own judges instead of in federal courts”
29 Nov 2023, 5:44 pm by Howard Bashman
” And online at Vox, Ian Millhiser has an essay titled “The Supreme Court seeks a middle path between following the law and blowing up the government; SEC v. [read post]
How Appealing - http://howappealing.abovethelaw.com
[Ilya Somin] Federal Agencies Neglect Anti-Asian Discrimination in Education
29 Nov 2023, 1:37 pm by Ilya Somin
In Coalition for TJ v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Contract is enforceable even if the price/fee to be paid is not specific . . . “sufficiently definite” satisfies the required legal standard
29 Nov 2023, 12:31 pm by blaw.firm.admin
In Daiwa Corporate Advisory LLC v. [read post]
Business Law Blog - https://blawfirm.com/blog
Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his employment". [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his employment". [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A Cross-State Real Estate Legal Malpractice Case Survives
29 Nov 2023, 4:02 am by Andrew Lavoott Bluestone
“Where the release is unambiguous, a court may not look to extrinsic evidence to [*3]determine the parties’ intent” (Burgos v New York Presbyt. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
ADDING ROOMMATE TO LEASE DIDN'T TRIGGER HIGH RENT DEREGULATION
29 Nov 2023, 4:00 am
# # #DECISION200 Haven Owner, LLC v D. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
KID RETURNED TO GUATEMALA
28 Nov 2023, 10:00 pm
Since that time frame wasn't met here, the AD2 concluded that the Family Court providently decided that it lacked the requisite jurisdiction and left the underlying order undisturbed.Clearly, there was no kidding around here.# # #DECISIONMatter of C. v. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
“Willful misconduct”– a commonly used term in contracts does not mean what you think it means
28 Nov 2023, 12:36 pm by blaw.firm.admin
Fund LLC v. [read post]
Business Law Blog - https://blawfirm.com/blog
[Eugene Volokh] "Protecting People from Their Own Religious Communities: Jane Doe in Church and State,"
28 Nov 2023, 8:38 am by Eugene Volokh
See generally Lisa Zornberg, Beyond the Constitution: Is the New York Get Legislation Good Law? [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Stewart Baker] Rohrschach AI
28 Nov 2023, 8:01 am by Stewart Baker
Jim Dempsey and Michael Nelson take us through some of the possibilities: It was all about AI accelerationists v. decelerationists. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The morning read for Tuesday, November 28
28 Nov 2023, 6:20 am by Ellena Erskine
Georgia and Wilkinson v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls
28 Nov 2023, 6:00 am by Public Employment Law Press
., Inc. v New York State Public Empl. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls
28 Nov 2023, 6:00 am by Public Employment Law Press
., Inc. v New York State Public Empl. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A Pitch for “Statutory Torts,” by Matteo Godi
28 Nov 2023, 5:24 am by Guest Author
 City of New York, 921 F.3d 337 (2d Cir. 2019) Cummings v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Dobbs v. Jackson Women's Health Organization: Reckoning with its Impact and Charting a Path Forward
28 Nov 2023, 2:00 am by Katharine Van Tassel
Hillary Schneller (Center for Reproductive Rights), Diana Kasdan (Center for Reproductive Rights), Risa Kaufman (New York University), Alex Wilson (Center for Reproductive Rights), Dobbs v. [read post]
Health Law Prof Blog - https://lawprofessors.typepad.com/healthlawprof_blog/
[Stephen Halbrook] Second Amendment Roundup: Concessions by the Government in the Rahimi Oral Argument
27 Nov 2023, 6:00 pm by Stephen Halbrook
In the November 7 oral argument in U.S. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A Potent Combo: Misappropriation of Corporate Opportunity Meets Faithless Servant
27 Nov 2023, 9:34 am by Franklin C. McRoberts
For interested readers, here are links to recent articles on Ng v Asquared and O’Mahony v Whiston. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)
27 Nov 2023, 8:07 am by Eric Goldman
Vidal v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/