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Introduction In Part 1 of this post, we examined the draft amendment to the Polish Act on the National Cybersecurity System [“Polish National Cybersecurity Act”] introduced by the Polish Minister for Digitization on 7 September 2020.[1] We explained that Draft Article 66a of the Polish Act sets out new regulations for the Polish telecommunications market. [read post]
15 Sep 2020, 11:02 am by Michael Lowe
At one time, Texas law defined “shoplifting” in Article 1436e of the Vernon’s Texas Penal Code as follows: “Section 1. [read post]
8 Sep 2020, 7:09 am by Rebecca Tushnet
” It wouldn’t be illogical for any consumer to believe that a product labelled “hormone free” does not contain hormones. [read post]
3 Sep 2020, 2:05 pm by David Post
Paragraph (1) shall only come into effect if and when a sufficient number of other States enact laws with the identical Paragraph (1) provision to cumulatively account for 270 (or more) electoral votes. [read post]
30 Aug 2020, 10:15 am by Eric Goldman
The court cites three reasons why the marketing phrase “vegan butter” qualifies as constitutionally protected speech: 1) Other courts have found that plant-based product name aren’t misleading, including: “it is simply implausible that a reasonable consumer would mistake a product like soymilk or almond milk with dairy milk from a cow,” and that “even the least sophisticated consumer[] does not think soymilk comes from a cow. [read post]
5 Aug 2020, 4:00 am by Martin Kratz
The Supreme Court has had the occasion to consider when a contract of adhesion is unconscionable.[1] In doing so the Court asserts its ability to apply equitable considerations in cases of unconscionable contracts and should bring caution to the minds of all contract drafters so that their terms are communicated better and onerous terms or outcomes are brought to the attention of the vulnerable party. [read post]
Voters whose envelope signature does not match are notified and given a chance to correct their signature up to five days after Election Day, while voters whose return envelopes are missing signatures altogether have only until 7 p.m. on Election Day to remedy the error (or their vote is not counted). [read post]
30 Jul 2020, 6:50 am by Austin T. Hamilton, Esq.
& Loan Ass’n, 538 So. 2d 867, 869 (Fla. 1st DCA 1989), the First District Court of Appeal adopted the majority rule that the specification of the amount of credit to be extended, in the absence of expression of a contrary intent, only limits the guarantor’s liability and does not create a condition. [read post]
30 Jul 2020, 6:50 am by Austin T. Hamilton, Esq.
& Loan Ass’n, 538 So. 2d 867, 869 (Fla. 1st DCA 1989), the First District Court of Appeal adopted the majority rule that the specification of the amount of credit to be extended, in the absence of expression of a contrary intent, only limits the guarantor’s liability and does not create a condition. [read post]
30 Jul 2020, 6:50 am by Austin T. Hamilton, Esq.
& Loan Ass’n, 538 So. 2d 867, 869 (Fla. 1st DCA 1989), the First District Court of Appeal adopted the majority rule that the specification of the amount of credit to be extended, in the absence of expression of a contrary intent, only limits the guarantor’s liability and does not create a condition. [read post]
28 Jul 2020, 10:25 am
"[T]o be considered documentary,' evidence must be unambiguous and of undisputed authenticity" (Fontanetta v John Doe 1, 73 AD3d 78, 86; see Cives Corp. v George A. [read post]
28 Jul 2020, 8:14 am by jkim
Those in favor of regulation point out that while the new plan has a number of advantages, it does not fundamentally differ from previously unsuccessful attempts. [read post]
27 Jul 2020, 6:59 am by Cyberleagle
Generally speaking, the scope of the ECommerce Directive does not have to be reconciled with that of underlying substantive laws. [read post]