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20 Feb 2024, 9:32 am
The opinion aims to clarify (i) the relevant conditions for the determination of whether a controller has a “main establishment” in the EU, for controllers that have more than one establishment in the EU; and (ii) the application of the so-called “one-stop-shop” mechanism in these scenarios. [read post]
19 Feb 2024, 9:05 pm
For example: (i) women founders might face adverse treatment in attracting investment, leaving only “high quality&rd [read post]
19 Feb 2024, 8:57 am
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
19 Feb 2024, 3:30 am
Natalya Shnitser’s must-read article, The 401(k) Conundrum in Corporate Law, argues that these concerns and efforts, however well-intentioned, are based upon shaky theoretical foundations: (i) a description of how employer-sponsored retirement plan decisions are executed that does not reflect the evolution of plan governance and (ii) reliance on outdated information that fails to consider recent trends showing less biased voting decisions among fund managers. [read post]
18 Feb 2024, 7:45 am
Among us, there is no one for whom the ongoing war in Europe does not pose a threat. [read post]
18 Feb 2024, 6:30 am
Peckham alluded to this evidence without directly citing to it when he wrote, “In looking through statistics regarding all trades and occupations, it may be true that the trade of a baker does not appear to be as healthy as some other trades, and is also vastly more healthy than still others. [read post]
18 Feb 2024, 6:00 am
When I use the word "modality" in this post, I am simply referring to the general concept that includes both necessity and possibility in all their forms. [read post]
17 Feb 2024, 2:52 pm
The court shall enter a judgment for dissolution that reserves any of these issues either upon (i) agreement of the parties, or (ii) motion of either party and a finding by the court that appropriate circumstances exist. [read post]
16 Feb 2024, 5:44 pm
Again, we have come to bury Cuba's Caribbean Marxism, not to praise it (William Shakespeare, Julius Caesar Act III, scene II). [read post]
16 Feb 2024, 12:13 pm
I’m going to start by going back to some earlier cases, Two Pesos v. [read post]
SCOTUS Ducking the Trump Eligibility Question Now will Pressure the Court to Rule in his Favor Later
16 Feb 2024, 7:56 am
"I'm not sure I agree with that further conclusion. [read post]
16 Feb 2024, 6:18 am
An adviser may qualify as an ERA if (i) it solely advises “private funds”[2] and has assets under management in the United states of less than $150 million or (ii) it solely advises “venture capital funds. [read post]
15 Feb 2024, 3:33 pm
To the contrary, I think it’s the most likely result. [read post]
15 Feb 2024, 1:23 pm
[ii] The Tesla court discussed the concept of the “superstar” CEO at length. [read post]
15 Feb 2024, 9:22 am
I. [read post]
15 Feb 2024, 6:39 am
Oftentimes, parties will agree that failing to meet a KPI doesn’t rise to the level of a breach, but instead either: (i) the KPIs are aspirational only; or, (ii) violations of the KPIs warrant lesser remedies than a breach of contract. [read post]
15 Feb 2024, 3:39 am
The Board concluded that the combination of FOOT + WARE does not result in a separate distinctive meaning. [read post]
14 Feb 2024, 3:05 pm
ii. [read post]
14 Feb 2024, 7:00 am
It does not provide any commentaries or clarifications, and does not explain the circumstances in which this theory was applied. [read post]
