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10 Aug 2018, 7:06 am
However, such a per se equitable rule was inapplicable in this context, as the defendant must prove the amount of attorneys’ fees at stake by a preponderance of the evidence, and the court cannot relieve the defendant of its evidentiary burden by adopting a per se rule for one element of the amount at stake in the underlying litigation. [read post]
9 May 2018, 2:58 pm
” But “privy” is a well-established common-lawterm, and it is a “cardinal rule of statutoryconstruction” that where Congress adopts a common-lawterm without supplying a definition, courts presume thatCongress “knows and adopts the cluster of ideas that wereattached” to the term. [read post]
15 Dec 2023, 6:42 am
The Board can adopt the ALJ’s ruling or issue its own ruling. [read post]
31 Mar 2023, 5:01 am
It bears emphasizing that the reason the 7-22 ILC Class must be designated as a separate class is because previous cohorts of the ILC consistently took a different view of international law on the matter. [read post]
11 Sep 2008, 10:51 pm
The more interesting claim is that the proposed charter or bylaw provisions "if adopted, could one day, after a sequence of steps which may or may not occur, lead to the inclusion of a bylaw related to director nomination or election. [read post]
23 Nov 2020, 2:48 am
Auditor Independence: PCAOB Amends Standards to Align with SEC Last week, the PCAOB announced it had adopted amendments to its independence standards to align the Board’s requirements with the SEC’s recent revisions to auditor independence rules. [read post]
28 May 2009, 6:50 pm
The ruling in H.M. v. [read post]
21 Aug 2011, 10:00 am
All of these issues are a consequence of the competence-competence policy adopted by Canadian courts. [read post]
8 Sep 2021, 10:08 am
Under the Model Rules, if the lawyer’s conduct relates to a matter pending before a tribunal, then the rules of the state where the tribunal is located govern. [read post]
9 Sep 2024, 9:01 pm
Possible approaches could include amending the EUMR to adopt HSR-style value of transaction thresholds; encouraging more Member States to amend national merger control rules to introduce acquisition value or market share thresholds; or relying on Member States using Articles 101 and 102 TFEU that prohibit anti-competitive agreements and abuse of dominance. [read post]
7 Feb 2009, 12:32 pm
In the Matter of Suffolk Asphalt Supply, Inc. v. [read post]
7 Feb 2009, 12:32 pm
In the Matter of Suffolk Asphalt Supply, Inc. v. [read post]
13 Sep 2016, 9:01 pm
The old precedent, Matter of Alison D. v. [read post]
10 Jul 2024, 3:15 am
Until that’s addressed, rulemaking is going to be a highly partisan and sometimes ugly process, no matter what “reforms” are on the table. [read post]
24 Oct 2008, 3:33 am
The appellees and several amici had urged the Second Circuit to adopt a "bright-line rule" by holding that in "foreign-cubed" securities litigation that mere domestic conduct should not be enough for a U.S. court to exercise subject matter jurisdiction where the conduct had no effect in the U.S. [read post]
29 Oct 2018, 5:00 am
What are you supposed to do if you cannot agree on a certain business matter that requires the approval of both business owners? [read post]
15 Oct 2019, 7:19 am
Functionally, the factor that matters is the sales factor since in most cases, companies with payroll and property in a state are already taxable. [read post]
12 Jun 2018, 2:00 am
What rules will fit your team best? [read post]
29 Oct 2018, 5:00 am
What are you supposed to do if you cannot agree on a certain business matter that requires the approval of both business owners? [read post]
12 Jun 2018, 2:00 am
What rules will fit your team best? [read post]
