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In that case, because of the complexities of the payment-processing network, Visa had no visibility into what specific content was being purchased, what content was being uploaded to Pornhub, and which individuals may have been uploading illicit content. [read post]
31 Jan 2023, 11:24 am by Aaron Moss
Note that while Primary Wave has an indirect financial stake in “Betty (Get Money)” based on its ownership of Waterman’s piece of the song, the company isn’t named (or even mentioned) in Astley’s lawsuit. [read post]
7 Jan 2023, 5:13 am by Florian Mueller
Also, the Ninth Circuit took issue with the application of California law to a nationwide class, especially when there are "repealer" and "non-repealer states" with respect to the Illinois Brick doctrine that bars indirect purchasers from seeking antitrust damages unless state laws open the door to such theories. [read post]
3 Jan 2023, 2:09 pm by Alejandro Moreno and Tori Kutzner
Dahl, 486 U.S. 622 (1988), which extends liability “to the person who successfully solicits the purchase, motivated at least in part by a desire to serve his own financial interests or those of the securities owner. [read post]
24 Dec 2022, 8:10 am by Joel R. Brandes
While the plaintiff was the less monied spouse, the court’s award reflected consideration of the relevant factors, including that the plaintiff’s conduct resulted in unnecessary litigation. [read post]
28 Nov 2022, 1:19 pm by Kevin LaCroix
Settlements of the direct purchaser and the indirect purchaser action were approved by the court in 2021. [read post]
8 Nov 2022, 1:46 pm by Alden Abbott
… The service and brand investments made by 1-800 Contacts have resulted in millions of consumers purchasing contact lenses from 1-800 Contacts over the phone and online. [read post]
5 Oct 2022, 6:30 am
First, at least in the near term, the materiality element may pose the most significant challenge for potential plaintiffs. [read post]
26 Sep 2022, 9:35 am by Rebecca Tushnet
Under those laws, a plaintiff may not recover for an “indirect” or “derivative” injury; that is, “when the loss arises solely as a result of injuries sustained by another party. [read post]
8 Sep 2022, 12:35 pm by Zak Gowen
Indirect purchasers of Humira alleged that AbbVie had created an insurmountable barrier to competition by accruing 132 patents for the drug. [read post]
Scope 2: Indirect GHG emissions from the generation of purchased or acquired energy consumed by operations owned or controlled by the company. [read post]
7 Jul 2022, 7:14 am by Jason Rantanen
  Accordingly, Continental was a “remote or indirect” victim of the alleged conduct, and therefor lacking standing to bring suit. [read post]
3 Jun 2022, 10:03 am by Robert B. Milligan
The court reasoned that indirect use of trade secrets can be inferred from the timing of a defendant employee’s hire, deception in the employee’s departure, the corporate defendant’s lack of experience in the industry, low financial investment, and quick success. [read post]
25 May 2022, 9:01 pm by Richard Zelichov and Trevor T. Garmey
  Starting with Item 105, issuers are required to disclose in certain filings any factors that might make the purchase of their securities “speculative” or “risky. [read post]
Generally, these were understood to involve “purchasing” and “territory” in exchange for permission to use the name “Milano Pizza” or “Milano Pizzeria. [read post]
Several provisions specifically target investment banks; others would have an indirect effect on their protocols and liability profile. [read post]
28 Apr 2022, 9:01 pm by Caroline A. Crenshaw
Thank you Hal [Scott] for that kind introduction and for inviting me to speak today. [read post]
Forcing Apple to adopt the “open” platform that Epic champions would reduce interbrand competition and improperly permit antitrust plaintiffs to commandeer the judiciary to modify routine business conduct any time a plaintiff’s attorney or district court can imagine a less restrictive version of a challenged practice—irrespective of whether the practice promotes consumer welfare. [read post]