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Sullivan & Cromwell Discusses CFPB Policy Statement on Abusive Conduct
24 Apr 2023, 9:01 pm by renholding
On April 3, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a policy statement regarding what constitutes an “abusive” act or practice (the “Policy Statement”).[1] The Policy Statement outlines the CFPB’s approach to analyzing whether an act or practice may be abusive and provides examples, which the Policy Statement also notes may be used by state attorneys general or other agencies that are authorized to enforce the prohibition… [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Civic Education and Faultlines of Constitutional Democracy
24 Apr 2023, 7:00 am by Guest Blogger
In Brown v. [read post]
Balkinization - http://balkin.blogspot.com/
Securities Plaintiffs Beware: Third Circuit Holds Initiating Suit to Force Settlement May Violate Rule 11 and Can Lead to Mandatory Sanctions Under the PSLRA
24 Apr 2023, 6:41 am by Samuel I. Portnoy
Based largely on an email from the plaintiff to his counsel stating “[t]he strategy was to file these complaints to force a settlement,” the District Court held (presumably after resolving assertions of privilege) that the complaint was filed for an improper purpose in violation of Rule 11(b)(1). [read post]
IP Law Alert - http://www.iplawalert.com
Securities Plaintiffs Beware: Third Circuit Holds Initiating Suit to Force Settlement May Violate Rule 11 and Can Lead to Mandatory Sanctions Under the PSLRA
24 Apr 2023, 6:41 am by Samuel I. Portnoy
Based largely on an email from the plaintiff to his counsel stating “[t]he strategy was to file these complaints to force a settlement,” the District Court held (presumably after resolving assertions of privilege) that the complaint was filed for an improper purpose in violation of Rule 11(b)(1). [read post]
Real Property & Environmental Law Alert - http://www.rpelawalert.com/
Securities Plaintiffs Beware: Third Circuit Holds Initiating Suit to Force Settlement May Violate Rule 11 and Can Lead to Mandatory Sanctions Under the PSLRA
24 Apr 2023, 6:41 am by Samuel I. Portnoy
Based largely on an email from the plaintiff to his counsel stating “[t]he strategy was to file these complaints to force a settlement,” the District Court held (presumably after resolving assertions of privilege) that the complaint was filed for an improper purpose in violation of Rule 11(b)(1). [read post]
Employment Law Alert - http://www.employmentlawalert.com
Conflicts Complexities — Disqualifying Conflict Doesn’t Disqualify, Fake Electors + Fake Conflict?
24 Apr 2023, 6:25 am by Dan Bressler
The appeals court stated that here, as in the New Jersey Supreme Court opinion in Dewey v. [read post]
Bressler Risk Blog - http://www.bresslerriskblog.com
Precedential No. 13: TTAB Allows Cancellation Respondent to Correct Registration Ownership
24 Apr 2023, 3:46 am
Corp. v. [read post]
The TTABlog - http://thettablog.blogspot.com/
Case Study: Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee
24 Apr 2023, 2:00 am by Christopher Wilkinson, Perkins Coie LLP, Danielle Ryman, Perkins Coie LLP, Jill L. Ripke, Attorney, Perkins Coie LLP, Kelsey Cropper, Perkins Coie LLP
 Helix Energy Solutions Group v. [read post]
Human Resources News - https://hrdailyadvisor.blr.com/
SEC Chair Testifies Before U.S. House Committee on Financial Services
23 Apr 2023, 9:01 pm by renholding
Good morning, Chairman McHenry, Ranking Member Waters, and members of the Committee. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
[Josh Blackman] Texas Will Test Whether Kennedy v. Bremerton Abrogated Engel v. Vitale, Stone v. Graham, and Wallace v. Jaffree
23 Apr 2023, 1:08 pm by Josh Blackman
Kennedy v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Government seeks review of federal gun regulations on domestic abusers, bump stocks
23 Apr 2023, 11:43 am by Kalvis Golde
In both United States v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Plaintiffs Lack Standing to Sue Over Pre-Merger Statements of SPAC Target Company
23 Apr 2023, 5:53 am by Kevin LaCroix
” This rule was developed and applied by the Second Circuit in its 2022 decision in Menora Mivtachim Insurance Ltd. v. [read post]
The D & O Diary - http://www.dandodiary.com/
Mooving Violation: Family Hit By Flying Cow
23 Apr 2023, 5:00 am by jonathanturley
For example, in Guthrie v. [read post]
Jonathan Turley - https://jonathanturley.org/
Law and religion round-up – 23rd April
23 Apr 2023, 12:51 am by Frank Cranmer
Both the High Court and the Court of Appeal found for Mrs B. [read post]
Law & Religion UK - https://lawandreligionuk.com
The Death of Convergence and its Implications for ESG --Anti-ESG Laws in the United States and Markets as a Critical Political and Governance Space
22 Apr 2023, 7:16 pm
" here)What do these state anti-ESG bills look like? [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
[Eugene Volokh] "Plaintiff's Answer to the Complaint or the Appropriate Motion [Must] Be Written in English"
22 Apr 2023, 1:48 pm by Eugene Volokh
From Judge Paul Maloney's opinion Friday in Al Qassimi Academy v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
IDK Monthly? Update
22 Apr 2023, 8:28 am by Andrew Delaney
State v. [read post]
Supreme Court of Vermont Law Blog - http://scovlegal.blogspot.com/
Impossibility In An Illinois Divorce
22 Apr 2023, 6:37 am by Russell Knight
” Ulanov v. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
Amgen Scores Partial Victory in Efforts to Maintain OTEZLA Exclusivity
21 Apr 2023, 9:27 am by Holman
By Chris Holman Amgen Inc. v. [read post]
Patently-O - https://patentlyo.com