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31 Dec 2015, 2:27 am by Eliana Baer
Little, says, however, that this act has a serious effect on the automatic nervous system, somewhat akin to anxiety. [read post]
23 Dec 2015, 5:29 am by INFORRM
The anti-encryption provisions in clause 118, 4(c)1 of the draft Bill create an overall weakening of the encryption framework that could lead to third parties being able to access encrypted data more easily. [read post]
7 Dec 2015, 3:33 am by Peter Mahler
I would not go so far as to suggest that our corporate jurisprudence is experiencing something akin to the growing anti-death penalty movement in our criminal jurisprudence, but the thoughtful majority opinion for the Maryland high court in Bontempo marks a heightened regard for the diverse interests at stake when considering an appropriate remedy for oppressive conduct by those in control of the corporation, and highlights the breadth of less drastic, alternative remedies… [read post]
2 Dec 2015, 6:56 am
Stewart, supra.Under CRE 701, a witness who is not testifying as an expert may give testimony in the form of opinions or inferences only if those opinions or inferences are (a) rationally based on the perception of the witness, (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of CRE 702. [read post]
30 Nov 2015, 4:04 am by Peter Mahler
In a post two years ago I described the implied covenant of good faith and fair dealing as one of the least understood and most misused legal doctrines in the realm of shareholder and partnership disputes, inappropriately invoked by lawyers as often as not to allege breach of free-floating, fiduciary-like obligations untethered from the doctrine’s contractual foundation. [read post]
23 Nov 2015, 11:14 am by Jay Levine and Ryan Graham
Chief among LabMD’s defenses were: (a) the FTC lacked jurisdiction over the case, (b) the FTC lacked statutory authority under Section 5 to regulate data security, (c) the FTC’s complaint was unconstitutional and (c) LabMD’s customers did not suffer any substantial harm. [read post]
13 Nov 2015, 9:05 pm by Stephen Bilkis
The County also separately moved for a post-trial collateral source hearing pursuant to CPLR 4545 (c) to reduce the jury's $7,416,045 award for future medication expenses. [read post]
10 Nov 2015, 11:56 am by Arthur F. Coon
Key aspects and points of the Court of Appeal’s 19-page opinion on remand include: Consistent with the Supreme Court’s opinion, the court of appeal refers to the exception to categorical exemptions under Guidelines § 15300.2(c) as “the unusual circumstances exception. [read post]
8 Nov 2015, 7:25 pm by Robert Kreisman
In conclusion, the appeals panel found that C-Bar’s corporate form does not change the fact that Keiser-Long was so involved in C-Bar’s operations, she was akin to its alter ego and any loss to C-Bar was essentially her loss. [read post]
5 Nov 2015, 4:36 am by Andres
I found these extremely broad, and (c) is particularly worrying. [read post]
28 Oct 2015, 4:36 am by Badrinath Srinivasan
The policy argument is the need for reforms and the urgency with which the same has been promulgated especially without incorporating a provision akin to Section 85A. [read post]
24 Oct 2015, 4:19 pm by admin
**Jessica Alba’s Honest Company the Latest Target in California of the All Natural Plaintiff Class Action Bar in cocamidopropyl betaine case ** . . . [read post]
11 Oct 2015, 9:01 pm by Ronald D. Rotunda
Is it enough to prohibit just misleading advertising, which is what Rule 8.4(c) already does? [read post]
5 Oct 2015, 1:18 pm by Matthew Moriarty
” OHA added that what B GSE Group was doing was more akin to manufacturing, stating that “[a]lthough both obtain inputs from other firms, the kit assembler gathers a group of finished items and packages them together, without transforming the items themselves. [read post]
2 Oct 2015, 7:41 pm by Stephen Bilkis
Indeed the State Department of Social Services has expressly so recognized in 18 NYCRR § 352.2(c) quoted above, which authorizes the making of a duplicate grant 'because the cash has been lost or stolen' but states that such duplicate allowance is not reimbursable by the State. [read post]