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24 Jan 2014, 12:57 am
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8] More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]
28 Jan 2016, 5:11 pm
See 1935 Report of the New York Law Revision Commission pp. 432--438 and cases cited. [read post]
21 May 2010, 3:19 am
Before I consider why in detail – and both because EU trade mark law is currently being reviewed by the Max Planck Institute at the request of the Commission and the Commission itself considers that the Court should reconsider its opinion in the instant very case (see [18] of Interflora v Marks & Spencers No. 2, [2010] EWHC 925 (Ch) [noted by the IPKat here] per Arnold J – I wish to say why I regret those answers.8. [read post]
24 Feb 2012, 1:51 am
A peculiar feature of Irish law for many outside observers is the fact that search warrants are treated as being an executive rather than judicial function (PDF, ch.4). [read post]
11 Jul 2022, 8:11 am
After the award of iPASS 2.0, a size protest alleged that C2 was affiliated with its subcontractor–its sister company and the incumbent, CHS–under SBA’s ostensible subcontractor rule (found in SBA’s affiliation regulations). [read post]
11 Apr 2012, 1:13 am
[4] While none of these cases has proceeded to trial, rulings at the motion to dismiss and judgment on the pleadings stage in two of these matters, all within the Central District of California, have emerged with contradictory results -- including one ruling in August to the effect that the business judgment rule doesn’t apply to non-director officers. [read post]
31 Aug 2021, 10:00 am
A special commission has also reviewed the legality of the instruction (Instrukskommissionens Beretning 2020). 4. [read post]
26 Jun 2011, 9:48 am
Admittedly, there are statutory restrictions the Commission has to follow about when and what it can or cannot say when judicial disciplinary matters are involved. [read post]
8 Jul 2014, 9:00 am
The SEC’s Disclosure Guidance on cybersecurity did not present mandatory rules for disclosure, but merely guidance. [read post]
26 Oct 2014, 8:23 pm
The notions of rule of law as a set of process values (thin rule of law) and normative values (thick rule of law) are explored. [read post]
30 Sep 2019, 1:24 pm
Model Rules of Procedure established by Commission. [read post]
23 Apr 2020, 1:15 pm
Photo courtesy of Alexey HulsovThis blog piece was co-authored by Jaime Chávez Alor, Latin America Policy Manager at the Cyrus R. [read post]
8 Aug 2010, 8:55 pm
” (Thanks, Rule 45. [read post]
4 Jan 2021, 5:49 am
In December 2020, the UK Law Commission launched a consultation on Smart Contracts with a specific section (ch 7) on conflict of laws issues. [read post]
24 Jan 2012, 5:00 am
Ch. [read post]
19 Oct 2015, 12:32 pm
Proponents argue that TPP will reduces barriers to trade, support economic and job growth, improve IP protection and, 'create new 21st century trade rules.' What's the actual matter with it, wonders Nicola? [read post]
26 Jan 2011, 5:00 am
Much of the challenge is over a statement by the Commission that management would not always resist an access challenge. [read post]
20 Nov 2012, 10:04 am
Lewison LJ placed particular emphasis on Arnotts Ltd v Trade Practices Commission [1990] FCA 473, Federal Court of Australia (FCA) ruling on whether other foods were substitutable for biscuits. [read post]
24 Jan 2014, 12:57 am
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8] More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]