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District Court for the Northern District of Georgia also rejected this argument, noting that both the Fifth and Ninth Circuits have held that ballot and voter application collection is not expressive conduct. [read post]
21 Oct 2014, 5:42 pm by William Foley
One of the most significant challenges facing plaintiffs in pleading a violation of Section 10(b) of the Securities Exchange Act of 1934 is sufficiently alleging that the defendant company possessed scienter, or an “intent to deceive. [read post]
11 Jul 2019, 12:42 pm by Orin France
Roberts held that the proclamation violates the Establishment Clause of the First Amendment, the equal protection component of the Fifth Amendment’s Due Process Clause, and the plaintiffs’ First Amendment rights to freedom of speech and association. [read post]
17 May 2007, 6:25 pm
The Fifth Circuit Court decided the Merrill Lynch case on March 19, one week before the Court granted Stoneridge, and the appeal by the California Regents as investors was filed on April 5. [read post]
For similar reasons, the fifth statement - Sears' discussions of its capital requirements in the MD&A section of its third quarter 10-Q filed on November 9 - was not inaccurate or misleading and, moreover, the SEC exempts companies from having to discuss the impact of undisclosed merger negotiations in the MD&A when doing so would jeopardize the completion of the transaction. [read post]
15 Jun 2012, 11:30 am by William McGrath
Today, the Federal Securities Law Blog takes a look back at the last 30 days in the federal securities world in a regular feature which appears on approximately the 15th of each month. [read post]
24 Oct 2022, 6:05 am by Brian Egan
Third, the rule establishes a new licensing requirement for exports of many items destined for Chinese semiconductor-manufacturing facilities making chips meeting specified performance or engineering criteria. [read post]
7 Nov 2008, 2:42 pm by Blum & Silver, LLP
About a third of the $114 billion sold last year in the U.S. promised full or partial principal protection. [read post]
14 Sep 2015, 7:30 am by Joy Waltemath
The decision creates a circuit split: the Fifth Circuit, the only other appeals court to have ruled on this issue, held in Asadi v. [read post]
16 Aug 2023, 10:52 am by Kevin LaCroix
Third, the Fifth Circuit held that the SEC’s double layer of for-cause removal protection for administrative law judges was also unconstitutional. [read post]
9 Dec 2021, 12:50 pm by Emily Dai
He is now the committee’s third witness to plead the Fifth after X and Y. [read post]
11 Mar 2024, 6:10 am by Unknown
The Second and Fifth Circuits have answered this question in the negative.Nvidia writes that the Ninth Circuit is wrong on both issues and that its decision erodes the purpose of the PSLRA to end abusive securities litigation. [read post]
17 Aug 2019, 5:06 am by Vishnu Kannan
Preston Lim shared the third installation in his Canadian national security column. [read post]
10 Jun 2009, 2:28 pm
The House of Representatives will soon vote on the American Clean Energy and Security Act (H.R. 2454). [read post]
29 Mar 2016, 6:53 am by John Jascob
Finally, a petition filed on March 22 asks whether the Court's decision in Fifth Third Bancorp v. [read post]
20 Oct 2015, 6:22 am
The attorneys of Eccleston Law LLC represent investors and advisers nationwide in securities and employment matters. [read post]
18 Sep 2009, 4:59 pm
Fifth Third Bank, N.A., No. 08-3576, slip op. at 6  (6th Cir. [read post]
23 May 2022, 9:11 am by Stephen Honig
  This is the third consecutive post by me this date admonishing readers to “stay tuned” in significant areas of legal practice. [read post]
20 Mar 2020, 12:23 pm by Wachler & Associates, P.C.
With the utilization of 1135 waivers, states can assist enrollees in Social Security Act programs in obtaining sufficient health care items and services. [read post]
27 Sep 2017, 12:52 pm
’ Once in possession of that iPad tablet, however, the FBI found itself unable to access any of the device's data due to its security features. [read post]