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26 Sep 2021, 8:11 am by Russell Knight
The term does not refer to conduct that will result or actually results in harm, but rather to conduct that could or might result in harm. [read post]
21 Sep 2021, 1:44 pm by Arthur F. Coon
CEQA does not apply to, and does not practically foreclose the Elections Code’s option of direct agency adoption “as is” of, citizen-generated initiative measures. [read post]
20 Sep 2021, 6:53 am by Cinthia Macie
 The Court does not find that it is impossible; only that Epic Games failed in its burden to demonstrate Apple is an illegal monopolist.[1] Epic’s principal theory was that Apple was the monopolist in each of two “aftermarkets” consisting of: (1) the distribution of iOS apps; and (2) payment processing for in-app purchases in iOS apps.[2]  Such antitrust claims, which assert a manufacturer’s monopoly over aftermarket services provided for… [read post]
13 Sep 2021, 11:55 am by Jason Rantanen
  It is also significant because the court addresses several issues that have become increasingly important in standards-related litigation including (1) the apportionment of value among components of a multi-component product, (2) the proper choice of law for FRAND disputes, and (3) the interpretation of the “nondiscrimination” prong of the FRAND commitment. [read post]
1 Sep 2021, 5:20 pm by Russell Knight
“[T]he Confrontation Clause does not prohibit use of a procedure that, despite the absence of face-to-face confrontation, ensures the reliability of the evidence by subjecting it to rigorous adversarial testing and thereby preserves the essence of effective confrontation. [read post]
31 Aug 2021, 2:15 pm by Unknown
The OA items herein were previously referenced on this blog as of 1 August 2021. [read post]
30 Aug 2021, 7:42 am by Howard Iken
A Real-Life Appeal, Transcript, and Results – Ayo & Iken A successful appeal by our team member, Jason Coupal, Esquire Transcript Speaker 1: Good morning, the District Court of Appeal of the state of Florida and in for the second district is now in session. [read post]
23 Aug 2021, 12:01 pm by Francis Pileggi
Finally, an always useful explanation of the analysis of pre-suit demand futility in the context of an LLC is provided at pages 55 to 57. [read post]