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11 Sep 2022, 5:54 am by Russell Knight
Collateral estoppel does not have the same “should have decided” preclusion element that can be invoked in a res judicata defense. [read post]
9 Sep 2022, 2:24 pm by Kalvis Golde
A list of all petitions we’re watching is available here. [read post]
9 Sep 2022, 12:30 pm by John Ross
And also, a starkly different holding from the Tenth Circuit in the wake of Egbert v. [read post]
9 Sep 2022, 8:43 am by Eric Goldman
Just referencing a trademark on the Internet does not support a trademark claim, full stop. [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
If so, they may publish if they know they're protected by the "actual malice" standard, but refrain from publishing if they are subject to the negligence standard. [read post]
7 Sep 2022, 9:01 pm by Paul Munter
Responses to HFCAA Include Issuers Engaging New Lead Audit Firms To re-enforce the reforms made by SOX to address threats to the integrity of audits and lack of investor protection, Congress enacted HFCAA, which amends SOX to require the PCAOB to determine whether it is unable to inspect or investigate completely registered public accounting firms located in a foreign jurisdiction because of a position taken by one or more authorities in that jurisdiction. [read post]
7 Sep 2022, 4:31 pm by INFORRM
What the apology does demonstrate, if anything, is the way in which a ruling on one aspect of a defamation claim can completely transform the trajectory of the entire lawsuit. [read post]
7 Sep 2022, 7:51 am by Eugene Volokh
More broadly, we would be able to help: with briefs opposing sealing, with briefs opposing pseudonymity, and with briefs (usually in appellate courts) defending the decision below on any First Amendment or First-Amendment-related question, when the appellee isn't appearing (see Doe v. [read post]
7 Sep 2022, 5:01 am by Marc DeGirolami
Or consider the doctrine of state sovereign immunity, which the Court said in Alden v. [read post]