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18 Mar 2024, 4:10 am
One interesting thing for me about this whole situation is that I can distinctly remember the days when the US Court of Appeals for the District of Columbia Circuit was the court that often determined the outcome of challenges to SEC rules. [read post]
15 Mar 2024, 12:30 pm
" By blessing that, we've now created a split with several other circuits and state high courts. [read post]
10 Mar 2024, 6:39 am
The discussion of CISOs’ potential liability exposures related specifically to the SEC’s enforcement action in the SolarWinds case, which is discussed at length here. [read post]
7 Mar 2024, 2:29 pm
But the SEC's case for disclosure feels like 20-20 hindsight. [read post]
6 Mar 2024, 9:01 pm
Northway, when it stated that “the question of materiality, it is universally agreed, is an objective one, involving the significance of an omitted or misrepresented fact to a reasonable investor. [read post]
3 Mar 2024, 6:52 am
The complaint in the lawsuit (a copy of which can be found here) was filed on Thursday in California state court in San Francisco. [read post]
23 Feb 2024, 1:43 pm
The ridiculous approach to dilution: because one statutory provision says use as a mark, the neighboring one that doesn’t use that language must also have that concept: As Graeme Dinwoodie said to me, even if you don’t agree that expressio unis should mean that the noncommercial use exception doesn’t have a use as a mark requirement, you should still easily recognize that the 2006 revision of dilution was designed to expand the defenses, not contract them. [read post]
23 Feb 2024, 4:00 am
However, mutual funds that concentrate investments in a particular sector, industry, business, state, or country other than the United States remain subject to the rules. [read post]
7 Feb 2024, 9:35 am
Nat’l Sec. [read post]
6 Feb 2024, 11:04 am
Please contact me directly if you would like to submit a guest post. [read post]
3 Feb 2024, 9:52 am
Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
2 Feb 2024, 6:51 am
Senator Lot Morrill responded, “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States. [read post]
30 Jan 2024, 9:02 pm
”[2] In that same policy, the Commission articulated its belief “that a refusal to admit the allegations is equivalent to a denial, unless the defendant or respondent states that he neither admits nor denies the allegations. [read post]
30 Jan 2024, 9:50 am
Please contact me directly if you would like to submit a guest post. [read post]
26 Jan 2024, 4:10 am
Traveling from a very snowy mid-Atlantic to a warmer (but very wet) Southern California this week reminded me of how much I miss summer at this time of year. [read post]
25 Jan 2024, 5:31 am
As the warning stated, in part: "There are no FDA-approved OTC chelation products. [read post]
24 Jan 2024, 4:00 am
Both features are available to Practical Law customers in the United States who have the dynamic tool set subscription, which is PL’s premiere subscription level. [read post]
22 Jan 2024, 9:01 pm
My remarks today reflect my individual views as a Commissioner of the SEC and do not necessarily reflect the views of the full Commission or my fellow Commissioners. [read post]
21 Jan 2024, 11:02 am
This is not common stock in a publicly traded/SEC regulated market. [read post]
18 Jan 2024, 7:44 am
IV, sec. [read post]