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17 Jan 2019, 3:28 pm
In “Evaluating the Evaluation: Breaking Down New USPTO Guidance for Patent-Eligible Subject Matter,” colleagues Jack S. [read post]
3 Nov 2022, 6:14 am
” “Dillon said Baker McKenzie attorneys violated Virginia Rules of Professional Conduct when attorneys from the firm met with Kroll, an agent of Hakan Agro, concerning the company’s insolvency and possible liquidation in June 2021 while representing VUZ Bank in a similar matter. [read post]
30 Jul 2019, 1:38 pm
False advertising: defendants argued that its C&D letters weren’t commercial speech or advertising for purposes of the Lanham Act and the allegedly false statements on Defendants’ website didn’t directly disparage Matonis; neither argument succeeded.Under the Gordon & Breach test (which, as a reminder, has a prong requiring “commercial competition” that doesn’t survive Lexmark, though that doesn’t matter here), these particular… [read post]
24 Nov 2015, 8:53 am
In Matter of Y-S-L-C, the Board of Immigration Appeals has issued what really should be an obvious directive for immigration judges: IJs should not bully noncitizen respondents (especially children seeking asylum), and IJs should not twist the Federal Rules of... [read post]
2 Sep 2011, 12:48 pm
Following up on Wednesday's post, Tax Court: Adjunct Prof Is Employee, Cannot Deduct Expenses on Schedule C: Jim Maule (Villanova), Employee or Independent Contractor? [read post]
17 Jul 2007, 4:33 am
The Court, in an opinion by Judge Barrington Parker, rejected the BIA's ruling in Matter of C-Y-Z- (2006) that a husband whose... [read post]
18 Dec 2014, 12:53 am
ISSUE: If an attorney represents an individual as a debtor in a simple, no-asset Chapter 7 bankruptcy filing, while simultaneously representing one or more of the individual’s creditors in unrelated matters, is the attorney required by rule 3-310(C)(3) to obtain... [read post]
19 Jun 2020, 6:43 am
We disagree with the [Grievance C]ommission’s recommended sanction of thirty days and... [read post]
28 Jun 2019, 7:30 am
"Explaining that it could not conduct a meaningful judicial review in view of the Sheriff's failure to make any findings or otherwise specify any basis for the apparent continued termination of Deputy's General Municipal Law §207-c benefits, the Appellate Division annulled the Sheriff's determination and returned the matter to the Sheriff "to address the procedural issues and develop appropriate factual findings. [read post]
28 Mar 2010, 10:09 am
Also, the use of a sign identical with a trade mark constitutes use in the course of trade where it occurs in the context of commercial activity with a view to economic advantage and not as a private matter (Case C? [read post]
26 May 2020, 9:01 pm
Yet, as a strictly legal matter, none of McCorvey’s statements or views should have any relevance to the legal status of abortion.For one thing, it is purely an accident of history that McCorvey was the plaintiff in the precedent-setting case in the Supreme Court. [read post]
18 Nov 2011, 10:18 pm
In the Matter of Shernise C., 2011 NY Slip Op 08355, 2011 N.Y. [read post]
24 Mar 2015, 2:41 am
Does it matter whether linked content is lawful? [read post]
7 Feb 2011, 12:27 pm
” As a prefatory matter, just to ensure that the readers all understand the terminology of your question, a “C-level” executive is typically a CEO, CFO, COO or some other high-ranking executive. [read post]
18 Aug 2016, 1:45 pm
Under Judge Smith's view, the absence of federal subject matter jurisdiction (since the federal claim is now gone) was now "before" the entry of a final judgment, so Section 1447(c) applies and requires a remand. [read post]
17 Dec 2014, 5:32 am
In the Matter of Luis C., supra. [read post]
19 May 2020, 12:42 pm
references to matters outside the appellate record violate at least two Rules: (1) Rule 8.204(a)(1)(C), which provides that each brief must "[s]upport any reference to a matter in the record," and (2) Rule 8.204(a)(2)(C), which provides that the opening brief must "[p]rovide a summary of the significant facts limited to matters in the record. [read post]
12 Aug 2013, 4:30 am
*** * In its Stewart decision, the Appellate Division states "Consistent with its statutory purpose, the Sheriff's resort to Civil Service Law §71 was presumably “to secure a steady, reliable, and adequate work force,” (Matter of Duncan v New York State Dev. [read post]
1 May 2019, 12:44 pm
As more investors have flocked to Vanguard and especially to the index funds pioneered by its founder, the late John C. [read post]
15 Apr 2024, 5:39 am
” G.S. 7B-2604(c). [read post]