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14 May 2015, 9:26 am by Cathy Moran
Antideficiency Law Nothing happens to the deficiency if California Code of Civil Procedure 580(b) applies. [read post]
14 May 2015, 12:57 am by INFORRM
This two part post looks at why the Data Protection Act 1998 (the “DPA”), as derived from the Data Protection Directive 1995 (the “DP Directive”) has suddenly, over 25 years since its enactment, become the weapon of choice for reputation managers and in doing so created a thorny new set of problems, particularly for internet intermediaries. [read post]
13 May 2015, 5:25 am by Joy Waltemath
However, after the Supreme Court subsequently decided Wal-Mart, the district court relied on that decision to decertify the workers’ promotions class, invoking its authority under Rule 23(c)(1)(C) to amend a certification order at any time before final judgment. [read post]
13 May 2015, 4:00 am by Administrator
The pecuniary interests of consumers, and potentially other generic companies, are also implicated. [read post]
12 May 2015, 10:44 am by Dennis Crouch
That leaves three possible options—that the doctrine is (B) statutory interpretation, (C) judge-made law, or (D) some combination of those two. [read post]
11 May 2015, 2:31 pm by Gene Takagi
Because Stark and his company Stark Industries are providing substantially all of the funding, The Avengers will not be able to pass either of the applicable public support tests (509(a)(1)/170(b)(1)(A)(vi) or 509(a)(2)) to qualify as a public charity. [read post]
11 May 2015, 11:26 am by Dennis Crouch
.:  “(A) significant investment in plant and equipment; (B) significant employment of labor or capital; or (C) substantial investment in its exploitation, including engineering, research and development, or licensing. [read post]
11 May 2015, 6:00 am by Michael Risch
" As Ted Sichelman has noted, fee shifting likely just means consolidation to larger enforcement companies that can cover fees.In sum: a) we throw out an important legal rule - selectively, no less, b) inventors get less, and c) defendants still get sued, only by more and bigger NPEs that can afford it. [read post]
11 May 2015, 3:57 am
The Board looked to the six non-exhaustive factors of Section 43(c)(B)(i)-(vi), finding the Top Hat logo to be "sufficiently similar that Applicant’s mark will 'trigger consumers to conjure up' Opposer’s famous mark. [read post]
10 May 2015, 9:30 am by Yishai Schwartz
California, where he wrote of cellphones: [B]ecause of the role that these devices have come to play in contemporary life, searching their contents implicates very sensitive privacy interests that this Court is poorly positioned to understand and evaluate. [read post]
8 May 2015, 9:18 am
Another controversial case entailing a community trade mark consisting of the shape of a product has kept first the General Court, and then the Court of Justice, busy.This latter gave its judgment in case C-445/13 P confirming the General Court's findings on the invalidity for lack of distinctive character - Article 7.1.b of Regulation 207/2009 - of the three dimensional mark held by Voss of Norway ASA, namely a transparent cylindrical bottle featuring a… [read post]
7 May 2015, 10:56 pm by Cathy Holmes and Victor Shum
Victor has significant experience advising clients on cross-border transactions, including representing investors and companies in inbound and ou [read post]
7 May 2015, 10:56 pm by Cathy Holmes and Victor Shum
  However, the SEC also allows issuers to follow the old Regulation D requirements under Rule 506(b), which do not require verification of accredited investor status from U.S. [read post]
7 May 2015, 10:35 am
Edward Snowden’s biggest leak was that the Foreign Intelligence Surveillance Court had interpreted Section 215 of the Patriot Act to authorize bulk collection of everyone’s phone records. [read post]
6 May 2015, 8:57 am by WIMS
With roads measure crushed, a search for Plan B - With the resounding defeat of Proposal 1 on Tuesday, it's unclear how Michigan's deteriorating roads will be fixed. [read post]
6 May 2015, 8:50 am by G. Larry Engel and Vincent J. Novak
When the company filed for bankruptcy, Alcede ultimately lost ownership and control of the company to another investor through a Chapter 11 plan of reorganization. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
  Even though M.G.L. c. 118E, s. 48 provides that the Director of the Board of Hearings “shall be responsible …for the training of referees,” it is unknown to the elder law bar whether such training has occurred regarding the details of federal Medicaid trust law, so hearing officers at the Board of Hearings may have been and may still be susceptible to being misled by the MassHealth Essay. [read post]
5 May 2015, 3:26 pm by Brian E. Barreira
  Even though M.G.L. c. 118E, s. 48 provides that the Director of the Board of Hearings “shall be responsible …for the training of referees,” it is unknown to the elder law bar whether such training has occurred regarding the details of federal Medicaid trust law, so hearing officers at the Board of Hearings may have been and may still be susceptible to being misled by the MassHealth Essay. [read post]