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25 Mar 2016, 8:11 am
Such authority has, indeed, long been recognized as within the court's inherent and statutory power to regulate the practice of law. [read post]
18 Mar 2016, 10:45 am by Eugene Volokh
Right to Life, Inc., 551 U.S. 449, 468 (2007) (lead opinion) (citation omitted); id. at 495 (Scalia, J., concurring in part and concurring in the judgment) (likewise rejecting a test based on speaker motivation). [read post]
2 Mar 2016, 4:26 pm by Kevin LaCroix
  Terms are negotiated among the various believers and non-believers; a rules committee is formed; and Luke agrees to a one-hour time limit in which to eat all 50 eggs. [read post]
22 Feb 2016, 4:36 pm by Kevin LaCroix
Scienter is a legal term that refers to intent or knowledge of wrongdoing.6 As relates to 10(b) and 10(b)(5) suits, the plaintiff must allege and prove that the defendants either intended to defraud or withhold material facts, or actually knew that their behavior was fraudulent and actively withheld material information. [read post]
13 Jan 2016, 5:05 pm by Kevin LaCroix
Fontaine, President, Corporate Risk Holdings[1] take a look at these challenges and propose that in addressing their cybersecurity-related responsibilities boards should draw upon the same governance procedures they have longed used for with respect to financial accounting and reporting. [read post]
  Opponents have also voiced concern with respect to some potentially ambiguous terms in the proposed DTSA. [read post]
28 Dec 2015, 2:51 am by Ben
District Judge Colleen McMahon rejected Sirius’ arguments that Flo & Eddie Inc, controlled by founding band members Howard Kaylan and Mark Volman, did not own copyrights in The Turtles’ recordings or that Sirius had an “implied” license to play Turtles' songs. [read post]
24 Dec 2015, 8:20 am
  Doing the most potential damage, long term, was the court’s ruling on preemption, an issue that has now been appealed to the Supreme Court. [read post]
16 Dec 2015, 10:00 am by Sarah Andropoulos
  Advertisers only pay the search engine when a user clicks on their ad, hence the term “pay-per-click. [read post]
16 Dec 2015, 10:00 am by Sarah Andropoulos
  Advertisers only pay the search engine when a user clicks on their ad, hence the term “pay-per-click. [read post]
16 Dec 2015, 9:26 am by Robert B. Milligan
For example, there is a recent prohibition in the Netherlands on non-compete clauses in fixed-term contracts unless justified by the special interests of the company. [read post]
9 Dec 2015, 6:50 am
  Scientific speech has long been fully First Amendment protected. [read post]
27 Nov 2015, 6:07 am
(I need to preface this post with a caveat:  It is very long because it addresses difficult issues involved in deciding when a Public Records Act applies to a state employee's use of his/her cell phone to conduct official business. [read post]
20 Nov 2015, 9:04 pm by Stephen Bilkis
During that period, she received home care services from defendant Rockaway Home Attendant Services, Inc., a licensed home care services agency. [read post]
12 Nov 2015, 11:30 am by John Elwood
” Currier was relisted six times last Term, but this week it scored its first relist of the October Term 2015. [read post]
7 Oct 2015, 8:34 pm by Bill Marler
The principles of negligence also revolve around the risks to fairgoers that animal exhibitors know of or reasonably should know of. [read post]