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20 Jan 2013, 12:09 pm
§ 164.508(a)(3)(i) also specifically provides that an authorization for a research study may be combined with “an authorization for the creation or maintenance of a research database or repository. [read post]
21 Apr 2013, 1:39 pm
Urban (describes 4 approaches to defining a diligent search for orphan works: an independent user search standard; user search that is reviewed by an administrative authority; search by collective management organizations; or hybrid approaches with different standards for different uses)How Copyright Drives Innovation in Scholarly Publishing, by Adam Mossoff (interviews scholarly publishers and describes their investments to show that digital publication does not have zero cost; argues that… [read post]
26 Dec 2014, 11:24 am
Under the "economic reality test," we consider "(1) the degree of control exercised by the employer over the workers, (2) the workers’ opportunity for profit or loss and their investment in the business, (3) the degree of skilland independent initiative required to perform the work, (4) the permanence or duration of the working relationship, and (5) the extent to which the work is an integral part of the employer’s business. [read post]
28 Mar 2014, 6:22 pm
Here, 3 of 6 trustees were not actively involved; and (iii) the court was unclear, and does not appear to have ruled, on whether non-trustee employees of the trust can be used to satisfy the material participation standard. [read post]
12 Aug 2020, 2:08 pm
., now we have a "shared mobility bill" that attempts to "fix" a few issues in that sector but does it in a very heavy handed way. [read post]
3 Mar 2010, 8:03 pm
February 18, 2010) [Slip Opn., at 1-3]. [read post]
19 May 2016, 10:25 am
Specifically, the “advisory committee” mandated by the legislation is composed of: (1) air carriers; (2) general aviation, including business aviation and fixed-wing aircraft and rotorcraft; (3) airports of various sizes and types; (4) air traffic controllers; and (5) state aviation officials, section 2506(c), but does not include any representative of an “affected community,” the very constituency the legislation’s purpose is to assist.… [read post]
28 Mar 2017, 12:00 pm
Can foreign government entities be agencies? [read post]
23 Mar 2015, 4:42 pm
For example, if one or more patents within a family are directed to a (1) product, (2) a consumable used in conjunction with the product and (3) a combination of the product and the consumable, would the purchase of the product exhaust the patent owner’s ability to stop sellers of the consumable? [read post]
9 Jan 2023, 4:10 pm
— (1) TERMINATION. [read post]
7 Apr 2016, 3:38 am
The Board held that use of the wholly-owned subsidiary's registered mark by a parent entity does not inure to the benefit of its subsidiary when the parent controls the nature and quality of the goods. [read post]
8 Apr 2021, 8:00 am
Sec. 1681 et seq.). (2) A financial institution to the extent that it is covered by the Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations. (3) An entity to the extent that it is covered by the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 1791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code). [read post]
30 Sep 2014, 5:25 pm
Does not apply to highway, street or road projects. [read post]
10 Apr 2008, 3:38 pm
Only persons who perform one or more of the functions described in section 3(21)(A) of the Act with respect to an employee benefit plan are fiduciaries. [read post]
8 Feb 2022, 10:02 am
The full publication is available here. [1] R (KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC [2] Section 72A(1) Pensions Act 2004 [3] Section 77(1A) Pensions Act 2004 [4] Section 77A Pensions Act 2004 [5] See, In re Vitamin Antitrust Litig., 2002 WL 35021999, at *28 (D.D.C. [read post]
31 Jul 2012, 10:36 am
The Court explained that to qualify as a trade secret the matter must: (1) constitute information (a question of law); (2) hold independent economic value (a question of fact); and (3) be the subject of efforts that are reasonable under the circumstances to maintain secrecy (a question of fact). [read post]
12 Nov 2011, 8:37 am
The court strikes this argument down because disclosure of phone numbers may give away one's location and does not violate the Fourth Amendment and regardless of tracking abilities, the data was obtained by a non-governmental entity. [read post]
5 Jun 2019, 8:00 am
The common–interest doctrine, under applicable NJ law, requires a showing that the parties shared privileged information (1) due to actual or anticipated litigation (2) for the purpose of furthering a common interest, and (3) in a confidential manner. [read post]
5 Jun 2019, 8:00 am
The common–interest doctrine, under applicable NJ law, requires a showing that the parties shared privileged information (1) due to actual or anticipated litigation (2) for the purpose of furthering a common interest, and (3) in a confidential manner. [read post]
29 Nov 2015, 7:03 am
Part 1 was on the questions our China lawyers ask our clients for whom we are forming a China WFOE. [read post]
