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13 Jul 2011, 9:35 am
“iv) Whether eBay Europe have infringed the Link Marks by use in sponsored links and on the Site in relation to infringing goods again depends upon a number of questions of interpretation of the Trade Marks Directive upon which guidance from the ECJ is required [...]. v) Whether eBay Europe have a defence under Article 14 of the E-Commerce Directive is another matter upon which guidance from the ECJ is needed [...]. vi) As a matter of domestic law the court has power to grant an… [read post]
12 Jul 2011, 3:01 pm
Making an A 123(2) assessment dependent on such an external element does not sound right, does it? [read post]
12 Jul 2011, 9:18 am
Under the new regulations, though, an employee does not have to show that the impairment the employer bases its action upon is an impairment that substantially limits a major life activity, only that the employer took the employment action due to its belief regarding the employee’s impairment. [read post]
11 Jul 2011, 2:47 pm
When the FCRA does apply, employers will need to take the following steps vis- [read post]
11 Jul 2011, 6:22 am
Specifically, the Requestor (or "the Hospital") inquires whether the Proposed Agreement satisfies the criteria set forth at 42 C.F.R. 411.357(e)(4)(vi) which states that the "physician practice may not impose on the recruited physician practice restrictions that unreasonably restrict physician's ability to practice medicine in the geographic area served by the hospital. [read post]
8 Jul 2011, 8:45 pm
The text does not obviously answer this question. [read post]
8 Jul 2011, 10:00 am
It was also interesting that despite using a "reasonable expectation of privacy" standard, the court does not discuss the diminished expectation of privacy for the husband vis a vis his wife . . . who is trying to investigate him for having an affair. [read post]
8 Jul 2011, 9:23 am
It should act now by amending Title VI of the Civil Rights Act of 1964 so that private individuals can go to court to address the unintentional discriminatory acts which continue to have such a devastating impact on their lives. [read post]
7 Jul 2011, 8:06 pm
[ed: We have no disagreement vis: texting and driving - we both agree that this warrants the immediate application of the death penalty]My take is that talking on the phone using a hands-free device is no more risky than listening (and talking back) to the radio, or to one's spouse in the passenger seat. [read post]
7 Jul 2011, 9:10 am
We have to start our evaluation of the position that Duke authors would be in, vis-à-vis these publishers, by asking ourselves what exactly the Duke Open Access policy is. [read post]
6 Jul 2011, 3:01 pm
In view of this, the Board does not see that a point of law of fundamental importance arises, that would need a clarification by the EBA. [read post]
5 Jul 2011, 2:30 am
(1) Parts VII, VIII, IX, X and XI of the Act do not apply to a person employed, (a) as a duly qualified practitioner of, (i) architecture, (ii) law, (iii) professional engineering, (iv) public accounting, (v) surveying, or (vi) veterinary science; (b) as a duly registered practitioner of, (i) chiropody, (ii) chiropractic, (iii) dentistry, (iv) massage therapy, (v) medicine, (vi) optometry, (vii) pharmacy, (viii) physiotherapy, or (ix) psychology; (c) as a duly registered… [read post]
4 Jul 2011, 1:53 pm
” Going beyond this case, perhaps the most significant aspect of the Edwards decision is the Court of Appeals’ statement that “the correct way to conduct a choice-of-law analysis is to consider each plaintiff vis-à-vis each defendant. [read post]
4 Jul 2011, 12:58 am
That being the case, no company can claim that it had no idea of the potential problems with VIEs and no company that does a VIE structure in China can claim a "gray area" excuse. [read post]
3 Jul 2011, 9:17 pm
I’m not suggesting, by the way, that either of the pending NDAA bills actually does the trick. [read post]
3 Jul 2011, 8:58 am
Article VI of the Constitution says a properly enacted treatyshall be the supreme Law of the Land.You might think that means that it can't be violated. [read post]
3 Jul 2011, 7:02 am
” The statute explicitly does not, however, affect “[o]ther civil remedies that are not based upon misappropriation of a trade secret. [read post]
30 Jun 2011, 7:38 am
" If so much of the Gigamedia dispute comes down to someone physically controlling the right documents, where does it leave VIEs? [read post]
29 Jun 2011, 10:23 pm
And it doesn't solve their problems vis-a-vis the attorneys general. [read post]
29 Jun 2011, 11:47 am
This choice will not affect the analysis, however, as the court has determined that New Jersey’s adoption statute does not preclude a request for grandparent visitation. [read post]