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24 Oct 2018, 4:33 pm by Kevin LaCroix
  Judges derive insider trading violations from Section 10(b) of the Securities and Exchange Act of 1934 and Rule 10b-5 promulgated thereunder (together known as the “SEC’s antifraud provisions”), and are a “catchall” aimed at fraud, requiring some sort of “device, scheme or artifice to defraud” or some action, which would otherwise “operate as a fraud or deceit upon a person. [read post]
29 Sep 2018, 5:31 pm
Contents include: Geoffrey Robertson, Foreword Leila Nadya Sadat, Preface Donald M. [read post]
16 Sep 2018, 4:21 pm by Simon Lester
On procedural grounds, in accordance with the New York Convention, a court may refuse to recognise or enforce an arbitral award ex officio if it find out that doing otherwise would be contrary to the public policy of that country [article V(2)(b)]; by contract, an ICSID award can be annulled only due to a serious departure from a fundamental rule of procedure [ICSID Convention, article 52(1)(d), Arbitration Rules 50(1)(c)(iii)]. [read post]
17 Jul 2018, 9:54 pm by Patent Docs
Storage Units Do Not Satisfy Second Prong of Cray Test for Establishing "Regular and Established Place of Business" By Donald Zuhn -- Earlier this year, in CDX Diagnostic, Inc. v. [read post]
16 Jul 2018, 1:11 pm
Because fashion shows were recognized as full-fledged copyright works (‘oeuvres de l’esprit’) under French law by the Civil Supreme Court (Court de Cassation) in 2008 (decision: Ashby v Gaulme, Kenzo et Lacroix (2008) ; Ashby Donald and Others v France [2013] ECHR 28; see here). [read post]