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1 Sep 2010, 11:55 am
Court of Appeals for the Federal Circuit's decision yesterday (.pdf) in Stauffer v. [read post]
28 Mar 2016, 3:28 am by Peter Mahler
The petitioner’s allegations, if true, would not establish that “the management of the entity is unable or unwilling to reasonably permit or promote the stated purpose of the entity to be realized or achieved, or [that] continuing the entity is financially unfeasible” (Matter of 1545 Ocean Ave., LLC, 72 AD3d 121, 131; see Barone v Sowers, 128 AD3d 484; Doyle v Icon, LLC, 103 AD3d 440). [read post]
1 Sep 2010, 11:00 am
On August 31, 2010, the United States Court of Appeals for the Federal Circuit issued its decision in Stauffer v. [read post]
4 Oct 2016, 7:10 am by Cheryl Beise
Because the inventor’s amended complaint failed to meet the Twombly/Iqbal pleading standard, and because the former Form 18 pleading standard did not apply to joint infringement claims, dismissal for failure to state a claim was appropriate (Lyda v. [read post]
4 Mar 2018, 12:00 am by Kevin Watson
To properly claim violation of rules, the SEC must allege the defendant directly or indirectly: 1) employed devices, schemes, or artifices to defraud; 2) made untrue statements of material facts and failed to state material facts necessary to make those statements not misleading; and 3) engaged in acts which would operate as a fraud upon other persons, including buyers and sellers of securities The SEC alleged Chang acted with scienter by opening a nominee brokerage account which… [read post]