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10 Apr 2018, 11:01 am by Danielle D'Onfro
If Congress meant to incorporate this case law, then, many statements about a debtor’s assets would qualify under the exception to non-dischargeability. [read post]
30 Mar 2018, 9:06 am by Jeffrey Neuburger
 Moreover, even though Google incorporated the APIs into a new medium (i.e. smartphones), the court noted that  moving material to a new context is not necessarily transformative, and held that under applicable law, a use is considered transformative “only where a defendant changes a plaintiff’s copyrighted work or uses the plaintiff’s copyrighted work in a different context such that the plaintiff’s work is transformed into a new creation. [read post]
29 Mar 2018, 7:33 am by Robert Laplaca
  Depictions of athletes whether in motion or not and whether in uniform or not; 2. [read post]
26 Mar 2018, 4:24 pm by Kevin LaCroix
As our clients say, actual results may differ materially. 1. [read post]
1 Mar 2018, 6:00 am by Jeff Watters
Thus, the court read the two together in holding that the Legislature incorporated the common law factors into the statute. [read post]
28 Feb 2018, 10:00 am by Elizabeth Marshall Anderson
The Corporate Finance panel also encouraged companies to develop thoughtful insider trading policies that incorporate cyber events that might be considered material events that affect the ability of insiders to trade. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
The class action asserted claims pursuant to Section 11 of the Securities Act alleging the registration statement contained material misrepresentations or omissions. [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
"2 The Court explained that “It is well established that "an arbitrator has broad discretion to determine a dispute and fix a remedy and that any contractual limitation on that discretion must be contained, either explicitly or incorporated by reference, in the arbitration clause itself'," citing Matter of State of New York [Dept. of Correctional Servs. [read post]
1 Feb 2018, 5:55 pm by Kevin LaCroix
Over time, Federal courts became increasingly willing to toss out those suits at the motion to dismiss stage, on the ground that the allegations failed to meet the requisite pleading standard. [read post]
30 Jan 2018, 9:59 pm by Bona Law PC
  Litigation data on motion practice in patent cases reveals that, when decision costs have not yet accrued, motions to dismiss and motions for judgment on the pleadings are based primarily on subject matter ineligibility. [read post]
26 Jan 2018, 9:43 am by Ashley Morgan
Touching, grabbing or making pretend motions or gestures of a sexual nature. [read post]
16 Jan 2018, 10:45 am by Rebecca Tushnet
The court denied ETS’s motion for summary judgment, among other things holding that §349 and §350 don’t incorporate whatever is left of the Lanham Act’s “use in commerce” requirement, which meant that ETS’s partial motion for summary judgment as to its use of the S’well name was only partly granted.S’well has a registration for the shape of its S’well bottle, on the Principal Register as of 2017. [read post]
29 Dec 2017, 7:34 am by Ben
When historians look back at the copyright worlf in 2017 (if our attention spans allow us to have roles such as a 'historian' in the future!) [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
Why is the financial sector going so mad over Madden when only Midland Funding and Midland Credit Management are afflicted and in need of Congressional intervention? [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
In ruling on the motion for summary judgment, the District Court concluded that genuine issues of material fact remained as to whether Madden had received the Cardholder Agreement and Change In Terms, and as to whether FIA had actually assigned her debt to Midland Funding. [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
In ruling on the motion for summary judgment, the District Court concluded that genuine issues of material fact remained as to whether Madden had received the Cardholder Agreement and Change In Terms, and as to whether FIA had actually assigned her debt to Midland Funding. [read post]
1 Dec 2017, 6:51 am by vforberger
This memorandum does not appear in the Department’s supportive materials for Beres, however. [read post]
28 Nov 2017, 12:19 pm by Zuri Blackmon
The King Law Reporter will be available on Fastcase.com for free through February 2018. [read post]