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14 Jul 2014, 3:46 am
On July 11, 2014, the Georgia Supreme Court ruled in Federal Deposit Insurance Corporation v Loudermilk (here) that the common law of Georgia recognizes the business judgment rule and that the rule has not been superseded by Georgia statutory law. [read post]
7 Jul 2014, 9:08 am
Summary The EAT has issued a decision in the well-known and long-running retirement case of Seldon v Clarkson Wright and Jakes, which dealt with the question: Was the retirement age of 65 PROPORTIONATE to achieve the firm’s stated aims of retention of staff and workforce planning? [read post]
3 Jul 2014, 5:55 am
The employee’s other claims failed on various grounds (Haight v NYU Langone Medical Center, Inc, June 27, 2014, Schofield, L). [read post]
1 Jul 2014, 6:40 am
That changed with the California appellate decision in Coleman v. [read post]
1 Jul 2014, 5:54 am
Additional Resources: Strout v. [read post]
30 Jun 2014, 2:46 pm
Yoder) and again (Braunfeld v. [read post]
30 Jun 2014, 8:03 am
As I argued in a prior blog post that addressed the principles for establishing regulatory exceptions to CASL, the principles to be used in construing CASL should be the following: CASL should deter and protect consumers and businesses from the most damaging and deceptive forms of spam and malware from occurring in Canada and help drive spammers out of Canada. [read post]
30 Jun 2014, 7:56 am
This one does, because the government held onto the files in bad faith (it was required to purge the non-responsive data) and the social benefits of deterring government behavior are great in light of its increased use of forensic mirror images of computer files and the need to deter the unconstitutional handling of non-responsive data. [read post]
27 Jun 2014, 3:49 pm
Ventress v. [read post]
27 Jun 2014, 7:22 am
If you’re scratching your head after Loving v. [read post]
27 Jun 2014, 6:24 am
As Judge Posner wrote in DePass v. [read post]
26 Jun 2014, 12:10 pm
” It noted that holding Netcom liable “would hold the entire Internet liable for activities that cannot reasonably be deterred. [read post]
26 Jun 2014, 10:28 am
This week, a federal court in Oregon rebuffed him; the following post summarizes the most recent developments in United States v. [read post]
25 Jun 2014, 8:13 pm
Southampton Day Camp Realty, LLC v Gormon, 2014 WL 2871383 (NYAD 2 Dept 6/25/2014) The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2014/2014_04750.htm Filed under: Current Caselaw - New York, SLAPP Suits [read post]
25 Jun 2014, 12:57 pm
In addition to being a bit scary and a large neon flashing compliance alert for the regulated community, one has to wonder whether the SEC’s enforcement action against TL Ventures and its pay-to-play rules are constitutional under the Supreme Court’s recent decision in McCutcheon v. [read post]
25 Jun 2014, 10:04 am
Supreme Court issued AT&T Mobility LLC v Concepcion, the employer renewed its motion to compel arbitration. [read post]
25 Jun 2014, 6:25 am
The judge ruled that Act 23 violated the 14th Amendment by disproportionally prevented minorities from voting (Frank v. [read post]
23 Jun 2014, 4:21 am
Background As I discussed in a recent post (here), in a May 8, 2014 decision in ATP Tour, Inc. v. [read post]
21 Jun 2014, 7:00 am
In U.S. v. [read post]
20 Jun 2014, 4:06 am
Last month, I blogged about how the Delaware legislature was barreling towards passing legislation to reverse the impact of the ATP Tour v. [read post]