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22 Jun 2021, 7:42 am by Vishnu Kannan
., (c) to ensure that acquisitions “do not intentionally target a U.S. person reasonably believed to be located outside the United States,” and (d) to ensure the government’s actions are consistent with the Fourth Amendment. [read post]
22 Jun 2021, 7:27 am by Eleonora Rosati
These are some of the questions that the German Federal Court of Justice had referred to the Court of Justice of the European Union (CJEU) in two separate cases, which were subsequently joined: YouTube, C-682/18 and Cyando, C-683/18.The Opinion of the Advocate General (AG) Øe was issued a little less than a year ago [Katpost here].This morning, the Grand Chamber of the CJEU delivered its much-awaited ruling. [read post]
21 Jun 2021, 9:01 pm by Michael C. Dorf
Moreover, severability is ultimately a matter of statutory interpretation, with respect to which the most recent enactment takes priority.Accordingly, even if a court in future litigation finds that state plaintiffs or other plaintiffs have standing-by-nonseverability, those plaintiffs should lose for the simple reason that the mandate is severable.Congress Needs no Enumerated Power to Tell People They Don’t Have to do AnythingThere is, in addition, an even more basic reason why any… [read post]
21 Jun 2021, 10:23 am by Neal S. Gainsberg
You have the right to demand a level of care from your doctors, no matter what kind of doctors they are. [read post]
21 Jun 2021, 7:45 am by Juan C. Antúnez
(C) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes. (4) The equity of the result. [read post]
21 Jun 2021, 6:14 am by John Jascob
By Amanda Maine, J.D.The Practising Law Institute (PLI) recently hosted a conversation with Justin C. [read post]
21 Jun 2021, 1:00 am by Matrix Legal Support Service
; and (2) what is the test to be applied by an appellate court to an assessment of the decision of the trial court in respect of a statutory defence of ‘lawful excuse’ when Convention rights are engaged in a criminal matter? [read post]
20 Jun 2021, 5:47 am by Eleonora Rosati
Back in 2019, The IPKat reported on a referral from Belgium – Mircom, C-597/19 – asking the Court of Justice of the European Union (CJEU) to clarify the treatment of (i) seeding under the InfoSoc Directive and (ii) ‘trolls’ under the Enforcement Directive, as well as the interplay between copyright enforcement and data protection law (GDPR).Earlier this week, the Court issued its ruling, substantially endorsing the earlier Opinion of Advocate General (AG)… [read post]
19 Jun 2021, 11:22 am by John C. Manoog III
The capable Cape Cod premises liability attorneys of The Law Offices of John C. [read post]
19 Jun 2021, 7:53 am by Chris Castle
Bill C-10 (43rd Parl, 2nd Sess., Nov. 3, 2020) available at https://www.parl.ca/LegisInfo/BillDetails.aspx? [read post]
18 Jun 2021, 7:47 am by Kevin LaCroix
  The Third Circuit concluded that “[c]ommon sense tells us that when a member determines his or her claims are substantially more valuable than those of the class, he or she is likely to pursue an individual complaint no matter what … Members who file individual claims before certification are likely the same members who—if forced to wait until after certification—would have opted out regardless. [read post]