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13 Jan 2021, 9:05 am
Furthermore, the SEC may be less flexible in resolving matters without scienter-based charges in order to obtain disgorgement of ill-gotten gains from conduct dating up to ten years old, as well as in imposing other equitable remedies at its disposal. [read post]
13 Jan 2021, 7:24 am
Greenwood, Rachel R. [read post]
13 Jan 2021, 5:17 am
And it seemed to me, as a matter of fundamental due process to which even a president who has committed impeachable and perhaps even criminal acts is entitled, that a "trial" requires giving the defendant adequate notice of the charged offenses, allowing the defendant time to prepare a defense, allowing him to present evidence and to question witnesses, etc. etc. [read post]
13 Jan 2021, 5:00 am
In any event, the court found that the service of process in this matter was successful. [read post]
13 Jan 2021, 4:00 am
Call us today to discuss your matter [read post]
12 Jan 2021, 11:00 pm
This matter arose out of allegations that the Plaintiff’s college age son died during a fraternity rush party. [read post]
12 Jan 2021, 4:28 pm
The Chief wrote a one paragraph concurrence: The question before us is not whether the requirements for dispensing mifepristone impose an undue burden on a woman's right to an abortion as a general matter. [read post]
12 Jan 2021, 3:25 pm
My own expertise is of course limited, and as a result I've only had things to say about a few matters. [read post]
Guest Post: Halliburton II Price Impact Defenses Can Limit Severity on Deficient Exchange Act Claims
12 Jan 2021, 2:19 pm
The data indicate that nearly 50%, or $33.7 billion, of non-meritorious alleged market capitalization losses in the last two years, were claimed against U.S. issuers in the third and fourth quarters of 2020 during the COVID-19 pandemic.[14] After discounting the non-meritorious portion of alleged market capitalization losses of defendant U.S. issuers, we estimate that corporate exposure to Rule 10(b)-5 private securities fraud litigation amounts to $335 billion in 2019 and $308… [read post]
12 Jan 2021, 1:37 pm
The DOL has historically relied on the economic realities test as a matter of administrative practice; the new rule represents the first time that it has been formalized in a rule. [read post]
12 Jan 2021, 1:14 pm
The Takeaway Regardless of whether a non-compliance matter is clearly visible on Form 5500, a compliance review may be prudent. [read post]
12 Jan 2021, 12:27 pm
Bucco (R-25) issued the following statement on the State of the State: Sen. [read post]
12 Jan 2021, 11:28 am
The matter involves Larry Goldstein, a well-known scientist at UC San Diego, who has received $22 million from the California Institute for Regenerative Medicine (CIRM), the formal name for the stem cell agency. [read post]
12 Jan 2021, 11:01 am
In order to have a foreign money judgment recognised and enforced, the judgment creditor must, inter alia, demonstrate that the foreign court had jurisdiction to adjudicate the matter (ie that it had “international jurisdiction”). [read post]
12 Jan 2021, 10:14 am
Hadfield and Barry R. [read post]
12 Jan 2021, 10:13 am
'A terrorist is a terrorist, no matter who you are.' [read post]
12 Jan 2021, 7:03 am
The employer argued that the two entities that were not named in the charge should be dismissed because the failure to name a party in an EEOC charge constitutes a failure to exhaust administrative remedies against that party and a subject-matter jurisdiction defect as to any Title VII claim brought against the unnamed party. [read post]
12 Jan 2021, 6:27 am
Context matters. [read post]
12 Jan 2021, 6:16 am
R. [read post]
12 Jan 2021, 5:53 am
” And some courts have clarified that this question of economic dependence may be boiled down to asking, “whether the individual is or is not, as a matter of economic fact, in business for himself. [read post]