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19 Feb 2021, 6:17 am
As to ASW's argument that the addition of the "wine and spirits" provision in 1996 made the general provision inapplicable, the Board pointed out that this language was added as a result of the implementation of TRIPS in order to provide "[a]dditional [p]rotection" for wines and spirits. [read post]
16 Feb 2021, 6:46 am
P. 26(b)(1) provides the permissible scope of discovery, limiting it to “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case . . . . [read post]
16 Feb 2021, 6:46 am
P. 26(b)(1) provides the permissible scope of discovery, limiting it to “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case . . . . [read post]
16 Feb 2021, 6:46 am
P. 26(b)(1) provides the permissible scope of discovery, limiting it to “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case . . . . [read post]
10 Feb 2021, 6:00 am
Given the dynamic pricing of most online advertising, with rates calculated on the basis of the demographics of the chosen advertising universe (such as age, sex, geography, interest, and purchasing patterns), passing along the costs of the tax to the advertisers themselves would be trivial for most advertising platforms, even if lawmakers also passed proposed legislation prohibiting platforms from adding a Maryland “surcharge” to advertising invoices, as has been proposed.[4] All these… [read post]
7 Feb 2021, 6:20 am
In the end, it now appears, democracy is a matter of data driven metrics overseen by members of the Systems of data driven governance--again built on the construction of an "ideal" type against which the conduct of a group can be measured, and once measured, judged and corrected through systems of punishment and reward--tend to focus on sub-national systems, or on international private actors. [read post]
5 Feb 2021, 5:30 am
An analysis of the publicly available documents seems to suggest that Belgian courts would indeed apply the CISG to the APA if a claim was brought.[17] Some of the consequences of the CISG’s application The question one might ask now is: does it matter at all whether the CISG is applicable? [read post]
3 Feb 2021, 4:00 am
Such “stripping” of property had a purpose that would now be considered tragic and unconscionable:[7] … stripping property was a way of stripping dignity and converting citizens into surplus people whose welfare and even existence could be a matter of passive indifference for the population at large. [read post]
2 Feb 2021, 1:37 am
This is because the opposition division erred in finding that the subject-matter of claims 1 and 9 of the granted patent lacked novelty (see point 4.3 above). [read post]
30 Jan 2021, 1:38 pm
Additionally self-authenticating are “[p]rinted materials purporting to be newspapers or periodicals. [read post]
26 Jan 2021, 10:21 am
§512(g)(2)(C)] The cost of litigation in federal court is high: discovery and pre-trial preparation can easily cost upward of $10,000 per month. [read post]
25 Jan 2021, 2:09 am
ConclusionSince the European patent contains subject-matter extending beyond the content of the parent application as filed (main request and first to third auxiliary requests) and does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art (fourth to seventh auxiliary requests), the patent has to be revoked (Article 101(3)(b) EPC and Article 111(1) EPC 1973).OrderFor these reasons it is decided… [read post]
[Eugene Volokh] Do Critics of Police Have the First Amendment Procedural Protections That Nazis Get?
22 Jan 2021, 8:26 am
" (The underlying case involves a Cincinnati policeman who sued for libel over a post that accused him "of possibly being associated with white supremacy or of being racist after spotting a video and picture of him allegedly flashing the 'ok' sign at a City Council meeting … held to address concerns by those in the Black Lives Matter Movement. [read post]
20 Jan 2021, 8:49 am
Stockton, 2018 UT App 136, ¶ 8, 427 P.3d 1190 (quotation simplified). [read post]
19 Jan 2021, 9:27 am
Vartabedian, Allison G. [read post]
15 Jan 2021, 11:40 am
The history of so-called “czars”—officials appointed by the president to serve coordinating roles on various matters of policy—is instructive. [read post]
14 Jan 2021, 11:35 am
Kennedy lionized one of the septet, Senator Edmund G. [read post]
13 Jan 2021, 9:05 am
: Emily P. [read post]
Guest Post: Halliburton II Price Impact Defenses Can Limit Severity on Deficient Exchange Act Claims
12 Jan 2021, 2:19 pm
The data indicate that nearly 50%, or $33.7 billion, of non-meritorious alleged market capitalization losses in the last two years, were claimed against U.S. issuers in the third and fourth quarters of 2020 during the COVID-19 pandemic.[14] After discounting the non-meritorious portion of alleged market capitalization losses of defendant U.S. issuers, we estimate that corporate exposure to Rule 10(b)-5 private securities fraud litigation amounts to $335 billion in 2019 and $308… [read post]
7 Jan 2021, 7:49 am
For parties seeking a divorce or otherwise involved in a family law matter, the rule revisions are very important. [read post]