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18 Apr 2024, 7:43 am by Daniel J. Gilman
On competition rulemaking generally, see former FTC General Counsel Alden Abbott (here); former DOJ Antitrust Division Chief Counsel for Economics Greg Werden (here); Richard Pierce of George Washington University Law School (here); and Thomas Merrill of Columbia University Law School (here). [read post]
11 Apr 2024, 8:07 am by Bob Ambrogi
Thus, it was a dramatic turn of events when, on June 29, 2022, founder and CEO Rick Merrill notified customers and employees that the company would close its doors the next day. [read post]
9 Apr 2024, 9:01 pm by renholding
Merrill Lynch, Pierce, Fenner & Smith, Inc. and In re Mintze,[16] while not addressing the particular issue at hand, were instructive in evaluating the conflict and attempting to harmonize the statutes that were in tension with each other for the purpose of claims allowance.[17]  Judge Goldblatt read the Hays decision to stand for the principle that “to defeat arbitration one would need to show a conflict between the Bankruptcy Code and arbitration,” and that the fact… [read post]
1 Apr 2024, 8:28 am by Emily Bremer
As Tom Merrill has demonstrated, the Supreme Court constructed the appellate review model in the decades before the APA was adopted. [read post]
1 Apr 2024, 7:24 am by Matthew Ackerman
Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. [read post]
28 Feb 2024, 6:37 pm by D. Daxton White
” These letters are called activity letters and most brokerage firms send them, including Morgan Stanley, Bank of America, Wells Fargo, Merrill Lynch, Citigroup (Smith Barney), and Ameriprise. [read post]
28 Feb 2024, 6:36 am by Guest Author
And scholars, like Thomas Merrill, have noticed how most of the opinion does not seem to follow from the two-step standard of review. [read post]
Merrill Lynch, Pierce, Fenner & Smith, 421 N.Y.S.2d 847 (1979), the New York Court of Appeals held that a forfeiture-for-competition clause is unenforceable if an employee is terminated without cause (though there has been some debate in recent decades about the extent of the decision’s reach). [read post]
3 Feb 2024, 11:29 am by Jonathan H. Adler
As Thomas Merrill noted on this blog, while parts of Chevron stress the need to determine whether Congress delegated a given policy choice to the agency in question, other parts of the opinion suggest ambiguity or silence is sufficient to justify deference. [read post]