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14 Feb 2019, 4:46 pm by INFORRM
.; Nothing in this Article shall: (a) apply to any measure of a Party pertaining to intellectual property, including measures addressing liability for intellectual property infringement; or (b) be construed to enlarge or diminish a Party’s ability to protect or enforce an intellectual property right; or (c) be construed to prevent: (i) a Party from enforcing any criminal law; or (ii) a supplier or user of an interactive computer service from complying with a specific, lawful… [read post]
14 Feb 2019, 7:09 am by Leonard L. Gordon and Matthew S. Renick
The letters warned that the companies were making drug claims in violation of Section 201(g)(1)(B) of the FD&C Act and unsubstantiated disease claims under Section 12 of the FTC Act. [read post]
14 Feb 2019, 4:44 am by Simon Lovegrove (UK)
Given this required legal or commercial connection to existing contracts, Deutsche Börse Group has already expressed its concern that continued regulated trading activities of a passported UK entity will not be covered by the national transition regime. [read post]
Primary Use and Processing Operations In the context of primary use of data, the EDPB differentiates between (a) processing for the purpose of guaranteeing the reliability and safety of medicinal products, and (b) processing for clinical research purposes. [read post]
12 Feb 2019, 10:32 am by Rebecca Tushnet
  The court found that Rule 9(b) applied and that GOLO failed to plead why these statements were false and misleading. [read post]
12 Feb 2019, 8:51 am by Howard Knopf
.: 9094-2018-00502Date of undertaking (signed by all the parties): 28 September 2018Under section 21 of the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act,… [read post]
11 Feb 2019, 2:03 pm by Rebecca Tushnet
 One company dominated the market; it had patents that helped. [read post]
11 Feb 2019, 2:03 pm by Rebecca Tushnet
CAW (1997): © is private property and so there’s no right to use it in the service of freedom of expression (but even that found no TM infringement b/c no commercial use). [read post]
11 Feb 2019, 2:02 pm by Rebecca Tushnet
Instructions are low-hanging fruit b/c they’re so bad right now. [read post]
11 Feb 2019, 5:00 am by Lev Sugarman
Event Announcements (More details on the Events Calendar) Monday, Feb. 11 at 10:30 a.m.: The Center for Strategic and International Studies will host an event entitled India’s Inter-State Water Wars: Causes, Consequences, and Cures, featuring Penn Water Center Senior Fellow Scott Moore and CSIS expert Kartikeya Singh. [read post]
11 Feb 2019, 3:30 am by Eric B. Meyer
How do you know if an employee who: (a) uses medical marijuana, and (b) tests positive, is (c) high at work? [read post]
6 Feb 2019, 10:41 am by Daniel Shaviro
So one is applying the new view – not “refuting” it – when one observes that U.S. companies became extra-eager to avoid repatriations in light of (a) the 2004 foreign dividend tax holiday, (b) the clear pre-2017 prospect that the U.S. corporate rate would be lowered from its then 35% level, and (c) the clear pre-2017 prospect that the U.S. would adopt dividend exemption without fully replacing the forgiven future taxes via a deemed repatriation that… [read post]
6 Feb 2019, 7:26 am by John Jascob
Moreover, "executive officer" includes a company’s chairman, president, vice presidents, and chief financial officer, unless these persons are excluded by a board resolution or bylaws from, and they do not participate in, major policy-making functions.The compensation ratio mentioned in the bill would be similar to the SEC’s pay ratio disclosure requirement adopted under Dodd-Frank Act Section 953(b) and which is explained in related staff guidance (e.g.,… [read post]
  Under that test, a company has the burden of proving independent contractor status by demonstrating that: A. the worker is free from control or direction over the performance of his or her services; and B. the services provided are either outside the usual course of the company’s business, or the services are performed outside of the company’s places of business; and C. the worker has an independently established business. [read post]