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22 Feb 2016, 4:36 pm
The Securities Act of 1933 does not permit the SEC to bring an enforcement action on behalf of an individual investor; however, individual investors are permitted to bring civil actions under several of its sections as noted below: ■ Section 5 and Section 12(a)(1) allow purchasers (investors) to sue issuers for offering or selling a non-exempt security without registering it. [read post]
6 Nov 2008, 8:45 pm
Our best guess, which as before could be way off the mark, is that implied preemption will be recognized as viable in the prescription drug context in Levine, but that the preemption ruling will be narrowly crafted to the case's drug-specific facts - specifically, that: (1) the FDA had already considered the risk in question, gangrene from Phenergan administered by "IV Push," and (2) the FDA approved the drug's labeling with all the relevant information about this risk… [read post]
23 Apr 2012, 12:33 am
Hamlet, Act 1. [read post]
23 Apr 2016, 12:33 am
Hamlet, Act 1. [read post]
25 Jul 2019, 6:35 am
China’s expected retaliation came on June 1, in the form on tariffs on $60 billion worth of U.S. imports. [read post]
24 Jun 2009, 2:01 pm
Uniguard Services Ltd. and Chahal (1986), 1 B.C.L.R. (2d) 309 (C.A.), for the proposition that the grounds for privilege have to be established in respect of each document which is said to be privileged. [read post]
14 Oct 2022, 3:21 pm
In general, across all niches and industries, email marketing gets an ROI of $36 for every $1 spent if you’ve got interested subscribers. [read post]
23 Jul 2012, 8:37 am
” Id. at *43; 11 U.S.C. [read post]
14 Nov 2008, 2:12 am
Court of Appeal of the Supreme Court of Victoria rules on criminal provisions of the Trade Marks Act: Commonwealth Director of Public Prosecutions Reference No 1 of 2008 (Freehills) Australian health club chain fights 3000% hike in music royalties (Techdirt) End in sight for IP Australia’s PatSearch system (Patent Librarian’s Notebook) Bosnia-Herzegovina Bosnia-Herzegovina signs up for Madrid Protocol (Class 46) Canada ‘Why copyright? [read post]
13 Aug 2010, 1:25 pm
If the patient does not have a living related donor for their first kidney transplant and when they need a second kidney transplant after loss of the first transplant, they will need dialysis until a subsequent transplant can be performed. [read post]
15 Feb 2024, 7:59 am
50 Tips for New Paralegals 1. [read post]
11 Jul 2011, 3:15 am
The teams thus can’t, as a legal matter, set up a “contract, combination in the form of a trust or otherwise, or, conspiracy, in restraint of trade” as prohibited by § 1 of the Sherman Act. [read post]
27 Feb 2008, 10:00 am
., limited such liability in private actions based on SEC Rule 10b-5. [1] In doing so, the Court drastically restricted the types of private actions that are critical to investor confidence and market stability, and to thus to the success of U.S. securities markets. [read post]
14 Oct 2018, 12:04 pm
In asserting supposed violations of the federal securities laws, the Eastern District of New York lawsuit alleges that the defendants made false or misleading statements or failed to disclosue that “(1) Google exposed the private data of hundreds of thousands of Google+ social network users; (2) Google actively concealed this data breach for several months; (3) this conduct violated Google’s purported data privacy and security policies; (4) discovery of the foregoing conduct… [read post]
20 Dec 2011, 2:13 pm
L.J. 1-95 (2010/2011). [read post]
17 Nov 2022, 4:00 am
Several discussants (including some also mentioned in Part 1) engage me also on questions of constitutional interpretation or regarding suggestions for reform. [read post]
12 Dec 2007, 2:33 pm
Plaintiffs' Legal Committee, 531 U.S. 341 (2001) - that's (1) all of the many ways in which the FDA receives information from regulated manufacturers, and (2) all of the many ways the FDA can send fraudsters to jail or do other unpleasant things to them.Item (1) goes to the many ways that fraud on the FDA claims could gum up the regulatory scheme by inducing manufacturers to give the Agency more than it wants or needs. [read post]
2 Jul 2023, 6:06 pm
The basic thrust of the provisions may be summarized as follows:Chapter 1 General Principles; Articles 1-11The first articles set out the object of CEL-PRC ("to strengthen counter-espionage efforts, to prevent, stop and punish acts of espionage, to preserve national security, and to protect the people's interests" article 1); to place the Communist Party at the core of such efforts (Article 2), and to align counter-espionage efforts with… [read post]
14 Mar 2024, 6:56 am
From crowd-sourcing and domain squatting websites for the next U.S. president to a frame-by-frame recreation of the entire Bee movie, MSCHF is redefining what it means to challenge norms of traditional art and law.[1] With antics including a “Ketchup or Makeup” art drop in collaboration with Rihanna’s Fenty Beauty brand or a series of fake Andy Warhols amidst an original, this art collective is certainly causing a bit of MSCHF and testing the extent of creativity in art… [read post]
12 Jun 2017, 9:01 am
Precisely how are certification marks obtained, students asked, and how closely does the PTO scrutinize the chosen standard? [read post]
