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11 Jul 2024, 11:10 am
The villain of the piece is the state not the other party. [read post]
11 Jul 2024, 7:51 am
In addition, Guidehouse admitted to using a third-party data cloud software program to store PII without OTDA’s consent. [read post]
11 Jul 2024, 6:32 am
These legal cases aim to hold the responsible parties accountable and enact changes that prevent future tragedies. [read post]
11 Jul 2024, 3:06 am
With the parties’ consent, Magistrate Judge Susan G. [read post]
11 Jul 2024, 1:35 am
The test for determining the reasonableness of a restraint of trade agreement turns on (a) whether one party has an interest that deserves protection after termination of the agreement; (b) whether that interest is threatened or being prejudiced by the other party; (c) if so, whether that interest weighs qualitatively and quantitatively against the interest of the other party not to be economically inactive and unproductive having regard to the Constitutional… [read post]
10 Jul 2024, 9:01 pm
”[11] And Howey has proven to be a remarkably flexible and resilient test that courts have since applied to find a wide variety of offerings to be investment contracts and, thus, securities. [read post]
The Hydraulic Effect of Loper Bright Enterprises in Consumer Finance: More Regulation By Enforcement
10 Jul 2024, 8:00 pm
I've argued that is a misguided criticism--all the SEC is doing is applying the long-standing Howey test about what is a security to crypto; once the SEC concludes that a token is a security, there's really no new law being applied. [read post]
10 Jul 2024, 4:14 pm
The third-party doctrine therefore squarely governs this case. [read post]
10 Jul 2024, 7:39 am
BASF has agreed to pay $312.5 million for costs related to testing, monitoring and installing filtration systems to reduce PFAS levels in drinking water, with an additional $4 million for administrative costs. [read post]
10 Jul 2024, 6:35 am
It’s a balancing test – a common feature of law, both international and domestic. [read post]
10 Jul 2024, 5:36 am
“The court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, necessary travel expenses, and other reasonable expenses incurred in a proceeding under this Act. [read post]
10 Jul 2024, 4:00 am
The test for a reasonable apprehension of bias is well established, and the appeal hearing panel summarized it as follows: The test for a reasonable apprehension of bias is what would an informed person, viewing the matter realistically and practically – and having thought the matter through – conclude. [read post]
10 Jul 2024, 12:00 am
How Network Traffic Testing Can Help Compliance with privacy requirements frequently begins with an understanding of what personal information your website and apps will collect and what happens to that data. [read post]
9 Jul 2024, 12:31 pm
Be ready to identify, if asked, what new benefit the other party will receive. [read post]
9 Jul 2024, 11:29 am
The merger review regime was also substantially overhauled, eliminating the efficiency defence, introducing market share presumptions and a more restrictive remedial test for restoring competition. [read post]
9 Jul 2024, 3:53 am
What of the potential challangers, whom Biden is testing for loyalty by daring them to step forward and take him on if they think they can beat him. [read post]
8 Jul 2024, 12:52 pm
Nicholas NEEDHAM, Petitioner, v.The SUPERIOR COURT OF ORANGE COUNTY, Respondent; The People, Real Party in Interest. [read post]
8 Jul 2024, 12:21 pm
That examination, he argues "can help us imagine alternatives, especially as the limits of electoral democracy are being tested today all around the world. [read post]
8 Jul 2024, 9:54 am
Amazon offers a procedure to resolve patent claims on third-party product listings, called Amazon Patent Evaluation Express (APEX). [read post]
8 Jul 2024, 6:37 am
This includes hospital bills, doctor’s notes, diagnostic test results, and rehabilitation records. [read post]
