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3 May 2019, 6:51 am by Joy Waltemath
In a case that sent shudders through the California employer community, the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. [read post]
9 Apr 2019, 2:13 pm by Keahn Morris and John Bolesta
See GVS Properties, LLC, 362 NLRB No. 194 (2015); Nexeo Solutions, LLC, 364 NLRB No. 44 (2016); and Creative Vision Resources LLC, 364 NLRB No. 91 (2016). [read post]
1 Apr 2019, 10:29 am by John Stigi
” The dissent also noted that the Court’s interpretation that Rule 10b-5(a) and (c) encompasses conduct addressed more directly in Rule 10b-5(b) effectively rendered subsection (b) superfluous. [read post]
29 Mar 2019, 2:49 pm by Anthony Zaller
Border Transportation Group, LLC (2018) 28 Cal.App.5th 558, explained that “Dynamex makes clear that the question in part C is not whether [Border Transportation] prohibited or prevented [plaintiff] from engaging in an independently established business. [read post]
29 Mar 2019, 11:03 am by IncNow
The LLC Operating Agreement is the governing document to allow you to arrange the LLC’s affairs as the members choose. [read post]
27 Mar 2019, 2:33 pm by Kevin LaCroix
  The Relevant Regulatory Provision Rule 10b-5 makes it unlawful: (a) to employ any device, scheme, or artifice to defraud, (b) to make any untrue statement of material fact …, or (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit…   The March 27 Opinion In a March 27, 2019 majority opinion written by Justice Stephen Breyer (with Justice Thomas, joined by Justice Gorsuch,… [read post]
20 Mar 2019, 8:43 am by Anthony Bareno
LLCs may elect to be a S-Corporation or a C-Corporation, which means the LLC is not taxed, but instead the income flows through the tax returns of the members. [read post]
6 Mar 2019, 8:53 am by Sarah Grant
Only defenses that are inevitably based on the complaint can be raised in a Rule 12(b)(6) motion, he says, and there are no clear allegations in this case that make the defense inevitable. [read post]