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20 Dec 2023, 6:03 am by Eugene Volokh
As the internet has exploded, internet service providers have moved from "passive facilitators to active operators. [read post]
17 Jan 2020, 12:57 pm by Robert P. Merten III and Mike Le
Franchise Tax Board (California Court of Appeal opinion against the FTB finding that taxpayer’s passive holding of a 0.2% membership interest, with no right of control over the business affairs of the LLC, was insufficient to meet California’s doing business standard).31 FTB Notice 2017-01 (informing taxpayers and their representatives that the FTB will follow Swart only in situations with the same facts—i.e., 0.2 % membership interest).32 Appeal of Satview… [read post]
17 Feb 2010, 11:40 am by Bob Eisenbach
” In the Matter of Scotia Pacific Company, LLC, 508 F.3d 214, 221 (5th Cir. 2007) (debtor’s substantial entrepreneurial business operations went beyond mere passive collection of money). [read post]
7 Oct 2010, 12:29 pm by Stefanie Levine
Patent No. 6,613,022 owned by Safety Syringes, Inc. and entitled PASSIVE NEEDLE GUARD FOR SYRINGES. [read post]
22 Sep 2018, 9:00 am by Michael H Cohen
The LLC has a complex structure where it is going to be 50% owned by the doctors and 50% owned by Harry. [read post]
9 May 2014, 4:04 am by SHG
  You confuse being nice with being passive, with being a pushover. [read post]
4 Feb 2015, 9:25 am by Frankl & Kominsky, P.A.
Stonybrook Apartments, LLC, the Fourth District Court of Appeal established what standard would be applied in cases arising in its jurisdiction, which encompasses Broward County and Palm Beach County. [read post]
13 Apr 2012, 8:47 am by Gmlevine
Didier Madiba, Fenicius LLC., D2011-1954 (WIPO February 4, 2012) (MEDIASET [trademark owned by an Italian television company] and). [read post]
29 Jun 2009, 1:54 am
Because there is so much abuse in the Schedule C loss area, we have adamantly recommended that taxpayers who are conducting a legitimate, for-profit  business incorporate that business or form an LLC. [read post]
11 Mar 2011, 10:20 am by Christopher Spizzirri
  If you have read Part I, you are familiar with the Court of Chancery's decision in TR Investors LLC v. [read post]
11 Jun 2012, 10:04 am by Nissenbaum Law Group
Should that plan result in a meeting with a client, a seller’s ‘largely passive’ role at such meeting does not constitute improper solicitation in violation of the ‘implied covenant. [read post]
11 Jun 2012, 10:25 am by Nissenbaum Law Group
Should that plan result in a meeting with a client, a seller’s ‘largely passive’ role at such meeting does not constitute improper solicitation in violation of the ‘implied covenant. [read post]
25 Nov 2014, 12:02 pm
Hulu, LLC et al., a patent attorney for Ultramercial, Inc. and Ultramercial, LLC appealed to the United States Court of Appeals for the Federal Circuit asserting that the District Court for the Central District of California erred in granting Defendant Wildtangent, Inc.'s Motion to Dismiss. [read post]
27 Feb 2014, 10:10 am by Devlin Hartline
”8 Grounded in the policy argument that “it does not make sense to adopt a rule that could lead to the liability of countless parties whose role in the infringement is nothing more than setting up and operating a system that is necessary for the functioning of the Internet,” Judge Whyte proposed a dichotomy between a passive conduit, which provides only dumb pipes used by others to copy, and an active participant, which takes affirmative steps to bring about the copying.9… [read post]