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10 Dec 2015, 10:45 am by John Elwood
Kent Recycling Services, LLC v. [read post]
18 Dec 2014, 9:17 am by Robert B. Milligan and Michael Wexler
Trade Secret and Non-Compete Legislative Update The fourth webinar in the series, presented by Katherine E. [read post]
16 May 2019, 10:21 am by MOTP
If Cadence had done the proper verification, it would have discovered that sufficient funds were not available to execute the wire transfer, and the bank would not have suffered any loss when the deposited check was later returned unpaid because it would simply have reversed the provisional credit to the IOLTA account.To the dissenting justice’s chagrin, the majority agreed with the attorney that Cadence “breached the parties’ wire transfer agreement, thereby causing the… [read post]
6 Aug 2015, 6:21 pm by Kevin LaCroix
John Reed Stark is President of John Reed Stark Consulting LLC, a data breach response and digital compliance firm. [read post]
4 Oct 2010, 7:42 am by Steven M. Taber
(PCI) and Poli-Gold, LLC (Poli-Gold) for alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. [read post]
23 Aug 2010, 1:22 pm by Steven M. Taber
– EPA News Release, August 11, 2010 International Minerals Technology, LLC, of The Woodlands, Texas, has agreed to pay a $30,000 civil penalty to the United States to settle allegations that it violated the federal Clean Water Act at its Tetra Micronutrients production facility in Fairbury, Neb. [read post]
22 May 2019, 3:56 am by Kevin LaCroix
The SEC also concluded that the voting rights of the DAO Token holders were limited, noting,  “[e]ven if an investor’s efforts help to make an enterprise profitable, those efforts do not necessarily equate with a promoter’s significant managerial efforts or control over the enterprise. [read post]
1 Jul 2015, 7:34 am by Schachtman
If expert witnesses are not parties, and Rule 26’s confidentiality provisions do not constrain the available discovery tools for expert witnesses, then expert witness subpoenas would appear to a proper discovery tool to discover documents in the witnesses’ possession, control, and custody[18]. [read post]
6 Dec 2009, 9:11 pm by smtaber
If you would like to receive this update in an e-mail delivered to your inbox every Monday, please send an e-mail to subscribe@taberlaw.com with the word “subscribe” in the subject line. [read post]
5 Jul 2008, 11:05 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [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 Sep 2010, 8:43 am by Steven M. Taber
As long as it addresses the nuisance the states identified — and the administration makes a good argument that it does — that policy displaces common law, the legal basis of the suit. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
Many state and local officials host social media sites and use them to converse with followers on matters related to their governmental responsibilities, among other things.[1]  Not surprisingly, many choose to block from their sites certain members of the public they find disagreeable.[2] Being disagreeable, or at least in disagreement with such actions, blocked followers sometimes sue alleging that their exclusion violates the First Amendment.[3]  One of the most notable examples was a… [read post]
14 Feb 2009, 11:56 am
Defending and defeating these cases efficiently and prudently is a top priority for many in-house legal teams and their outside counsel. [read post]
9 Jul 2012, 1:11 pm
The Patent Act defines patent eligible subject matter broadly: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. [read post]
28 Apr 2011, 3:18 pm by Bexis
 At least the state of the art at the time of the plaintiff’s use applies – unknown and later discovered risks are irrelevant. [read post]
15 Mar 2010, 2:09 pm by Robinson, Calcagnie & Robinson
Although there has been debate about the extent to which liability litigation has affected the safety of products, a number of consumer advocates, engineers, public health and safety experts, legal scholars, government agencies and economists have concluded that products liability is definitely a factor. [read post]
11 Jul 2010, 8:33 pm by Steven M. Taber
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]