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19 Oct 2021, 6:54 am by John Jascob
" This requirement was given a broad reading by the Court in 2006 in Merrill Lynch, Pierce, Fenner & Smith Inc. v. [read post]
14 Mar 2012, 3:00 am by Louis M. Solomon
Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir. 2012), presents a careful analysis of two recurring issues:  first, whether the time limits for an interlocutory appeal of a class action order is statutory or jurisdiction on the one hand or something closer to discretionary on the other; and, second, what effect the Supreme Court’s decision in Wal-Mart Stores v. [read post]
19 Jan 2022, 12:19 pm by Francis Pileggi
Chancery Recognizes Reverse Veil-Piercing The Delaware Court of Chancery recently recognized “outside reverse veil-piercing,” as compared to “insider reverse veil-piercing. [read post]
15 Jun 2010, 7:16 pm by Russell Beck
Feb. 8, 2008) (the parties did not challenge that a former employee “could use anything ‘in his head,’ i.e., what he remembers from the [confidential] information he developed”); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. [read post]
29 Jun 2015, 12:05 pm by John Elwood
(relisted after the June 25 Conference) Merrill Lynch, Pierce, Fenner & Smith, Inc. v. [read post]
6 Aug 2009, 1:07 am
The Patent and Trademark Office (PTO) bears the burden of establishing that a proposed mark is generic, In re Merrill Lynch, Pierce, Fenner, & Smith, Inc., 828 F.2d 1567, 1571 (Fed. [read post]
24 Nov 2023, 12:47 pm
Merrill Lynch Pierce Fenner & Smith, Inc., 821 F.Supp. 59 (D.N.H. 1993) (holding that arbitrators’ refusal to apply the statute of limitations was not “manifest disregard” of the law).Of course, the parties’ contracts can explicitly make statutes of limitations applicable to their arbitrations. [read post]
17 Aug 2012, 6:47 am by Sean Wajert
Merril Lynch, Pierce, Fenner & Smith, Inc., 259 F.3d 154, 167 (3d Cir. 2001) (quoting Gen. [read post]
21 Jan 2016, 6:59 am by Charles Casper
Merrill, Lynch, Pierce, Fenner & Smith, Inc., 903 F.2d 176, 179 (2d Cir. 1990). [read post]