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2 Feb 2020, 11:28 pm
The CJEU called to mind its recent decision in C-104/18 Koton and reiterated that the concept of bad faith "presupposes the presence of a dishonest state of mind". [read post]
31 Jan 2020, 3:00 am by Jim Sedor
The rally was planned by Urban Revitalization Coalition, a 501(c)3 charitable organization. [read post]
30 Jan 2020, 2:35 pm
The independent market entry of these generics companies had a significant impact on prices: by December 2005, average prices of paroxetine had fallen by around 74%.Comment by Katfriend Gaëlle BéquetAny mention of pay-for-delay makes this Kat think of his old friend Gaëlle Béquet, with whom he spent many cheerful evenings when they were both young associates before the Amsterdam patent bar. [read post]
30 Jan 2020, 12:42 pm by Riana Pfefferkorn
The safe harbor is not absolute: Section 2258B(b) disqualifies providers from protection under certain circumstances, such as if the provider engages in intentional misconduct. [read post]
30 Jan 2020, 6:54 am
He noted that, to determine whether the claimant's fabric qualifies as such, it would be necessary to determine whether the employee who created it "was both (a) a craftsman in that he or she made the fabric in a skilful way, taking justified pride in his workmanship and (b) was an artist in that he or she used their creative ability to produce something which has aesthetic appeal. [read post]
28 Jan 2020, 6:00 am by Colby Pastre
(c) Georgia’s corporate income tax rate will revert to 6% on January 1, 2026. [read post]
27 Jan 2020, 5:38 pm by Ben Vernia
  Claims submitted to these programs in violation of the Anti-Kickback Statute give rise to liability under the False Claims Act.The settlement resolves allegations that ResMed (a) provided DME companies with free telephone call center services and other free patient outreach services that enabled these companies to order resupplies for their patients with sleep apnea, (b) provided sleep labs with free and below-cost positive airway pressure masks and diagnostic … [read post]
27 Jan 2020, 2:56 pm by Jeffrey Neuburger
 Under the regulations implementing FIRRMA, which take effect on February 13, 2020, CFIUS now has within its purview, among other things, non-controlling foreign investments in U.S. businesses that: (a) develop critical technologies, (b) own, operate, manufacture, supply or provide services to critical infrastructure; or (c) maintain or collect “sensitive personal data” of U.S. citizens that may be exploited in a manner that threatens national security. [read post]
27 Jan 2020, 10:31 am by Christopher J. Willis
” The Dodd-Frank Act provides that, to be declared abusive, an act or practice must: (1) materially interfere with a consumer’s ability to understand a term or condition of a consumer financial product or service, or (2) take unreasonable advantage of (a) a lack of understanding on the part of the consumer of the material risks, costs, or conditions of the product or service, (b) a consumer’s inability to protect his or her interests in selecting or using a consumer… [read post]
27 Jan 2020, 1:50 am by Kevin Kaufman
  Pretax return Annual wealth tax rate Implied income tax rate After-tax return Scenario A 5% 2% 40% 3% Scenario B 5% 3% 60% 2% Scenario C 5% 5% 100% 0% Scenario D 5% 10% 200% -5% Seemingly low 2 percent and 3 percent wealth tax rates imply much higher income tax rates; in this example, 40 percent and 60 percent, respectively. [read post]
26 Jan 2020, 11:05 pm
EPA; 1982: Monsanto and Calgene - a biotech company that Monsanto would later acquire - already working on creating Roundup crops - crops genetically modified to confer resistance to glyphosate; 1985: The U.S. [read post]
26 Jan 2020, 1:51 pm by Peter S. Lubin and Patrick Austermuehle
When companies decide where to establish a headquarters or where to expand, they must weigh several factors such as access to qualified candidates and tax laws. [read post]
24 Jan 2020, 9:38 am by lbergeson@lawbc.com
(B&C®) has launched the complete suite of TSCA TutorTM regulatory training courses online and on-demand at www.TSCAtutor.com. [read post]
24 Jan 2020, 1:00 am by Kevin LaCroix
  In re: Chicago Bridge & Iron Company NV Securities Litigation in the U.S. [read post]
23 Jan 2020, 5:40 pm by Natalma M. McKnew
And the federal action does nothing to ameliorate the uncertainties at best, and risks at worst, of California’s AB 5 legislation, which codified the problematic A-B-C test defined in the by now infamous Dynamex decision. [read post]
23 Jan 2020, 2:25 pm
Molon hereby grants each of the Merkle- Korff Affiliates an exclusive, fully paid-up, royalty free, worldwide, perpetual, irrevocable, retroactive, current and future right and license of all Patent Rights to make, have made, use, sell, offer to sell, lease, import, export, or otherwise commercialize products and/or systems for resale or other transfer: (i) to any of the other Merkle-Korff Affiliates; and/or (ii) to [a third-party company and its affiliates] (such persons and entities in… [read post]
23 Jan 2020, 1:05 pm
(D) Both (B) and (C).The Court of Appeal held that the correct answer was (D). [read post]
Assuming there is evidence to convince the FTC to act, the ideas offered included (a) banning non-competes altogether for low-wage workers, (b) creating a rebuttable presumption in court that non-competes are illegal, (c) limiting non-competes to those with access to a company’s trade secrets, (d) minimizing the duration and geographical scope of such provisions, (e) requiring garden leave as consideration for the enforcement of these agreements, (f) voiding… [read post]