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30 Jan 2024, 9:02 pm
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1] This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
30 Jan 2024, 10:58 am
In Nat’l College of Business & Technology Inc. v. [read post]
10 Jan 2024, 8:05 pm
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
9 Jan 2024, 9:05 pm
Scis., Inc. v. [read post]
31 Dec 2023, 4:29 pm
Copyright Fair Use Andy Warhol Foundation for the Visual Arts, Inc. v. [read post]
19 Dec 2023, 7:51 am
Recent confrontations involving AI pioneers like Stability AI Inc., and giant repositories like Getty Images Inc., underscore the pressing need to delineate the boundaries of AI-generated content. [read post]
18 Dec 2023, 12:48 pm
Coinbase, Inc., No. 22-15566 (9th Cir. 2023) concluded that federal courts can look to the parties’ agreement as a whole when determining whether the delegation provision of an arbitration agreement is enforceable and held that the at-issue delegation provision was not unconscionable. [read post]
11 Dec 2023, 9:21 am
Supreme Court’s recent decision in Jack Daniel’s Properties, Inc. v. [read post]
6 Dec 2023, 9:09 am
” Fox Factory, Inc. v. [read post]
5 Dec 2023, 9:01 pm
., Inc. v. [read post]
20 Nov 2023, 9:01 pm
” 28 On the second issue, the defendants attacked the claims on the basis that the claims were protected from clawback under the Bankruptcy Code’s “safe harbor”provision in section 546(e). 29 According to the defendants, the Bankruptcy Code’s safe harbor provision, intended to provide stability to the capital markets and to protect capital market transactions from being undone by Bankruptcy Code avoidance provisions, insulated the relevant transfers.30 The… [read post]
19 Nov 2023, 6:48 pm
Inc. [read post]
17 Nov 2023, 1:21 pm
Thorpe, Inc. [read post]
7 Nov 2023, 10:43 am
Jude Medical S.C., Inc., 30 F.4th 1339, 1343–44 (Fed. [read post]
3 Nov 2023, 3:04 pm
According to DOJ’s press release: Nostrum Laboratories Inc. [read post]
31 Oct 2023, 12:23 pm
The statute allows companies to split into two separate entities, effectively transferring liability to just one of them while insulating the other. [read post]
30 Oct 2023, 8:51 am
Here is my annual list of Halloween torts and crimes. [read post]
25 Oct 2023, 2:14 pm
See Insulation Corp. of Am. v. [read post]
20 Oct 2023, 6:54 am
They held that the agency requires transparency and full disclosure from public companies, but then denies the public access to administrative proceedings.They noted that juries serve a critical role as fact finders and pointed to the Supreme Court’s ruling in Beacon Theatres, Inc. v. [read post]
17 Oct 2023, 10:56 am
Cir. 2010) (as quoted in Apple Inc. v. [read post]
