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2 Dec 2013, 12:00 pm by Wells Bennett
That may ease matters a bit, from defense counsel’s standpoint, in that otherwise the defense might have to seek DOJ’s blessing for any discovery document that might arguably implicate the ban. [read post]
11 Sep 2012, 6:59 am by Florian Mueller
For example, surveys among implementers of standards might help.For the most part, I thought Motorola's brief did a great job arguing for an unFRANDly position I may not agree with, but the final statement of its introductory part contains the demonstrably false claim that "Microsoft's attempt to declare that patent pool rates, and nothing else [this emphasis mine], are [F]RAND by analogizing them to its multilateral, ex ante negotiation should be… [read post]
8 Jan 2021, 12:31 pm by Scott Bomboy
The Ex parte Garland decision also made it clear that Congress did not have the power to intervene in the presidential pardon process. [read post]
14 Dec 2019, 11:46 am by Chris Castle
Consequently, as a matter of law, the Judges could not, and did not, consider these ex parte communications in deciding whether to approve the proposed settlement. [read post]
13 Jan 2021, 5:17 am by David Post
  Remove him from office immediately and summarily; then, in Part 2, consider whether the charges warrant disqualification from future office-holding in a more extended proceeding that gives (ex)-president Trump the opportunity to defend himself. [read post]
11 Nov 2020, 9:01 pm by Dan Flynn
 “The Court finds it appropriate to set an expedited briefing schedule on the motion, rather than issue an emergency order on an ex parte basis,” said U.S. [read post]
4 Jun 2014, 11:12 am
Specifically, the Bishop contends that, despite any shortcomings he may have had as a board member, or would have as an ex-bishop attempting to oversee projects in Sudan, his name and likeness were an asset essential to the Fund, so that any action that risked loss of that asset necessarily constituted a breach of fiduciary duty. [read post]
3 Sep 2014, 4:38 am by Broc Romanek
In other cases, hedge fund managers who have derivatives positions in a target company want sufficient time to acquire stock in the company, as part of an effort to protect their swaps stake, he added. [read post]
9 Oct 2015, 7:53 pm by Stephen Bilkis
No basis was set forth to quash the subpoenas, which were served pursuant to the ex-parte order of Justice, and were accompanied by proper tender and which properly sought the testimony of the signatories to the subject petitions as well as that of the subscribing witnesses. [read post]
24 Feb 2016, 9:13 am by Eugene Volokh
There’s more in the opinions, especially in the majority, but I think these are the key parts. 5. [read post]
6 Jan 2014, 8:45 am
These rules are found in Civil Code § 1590, which provides: "Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found… [read post]
28 Apr 2017, 1:16 pm
  When a trust includes a valid spendthrift provision, certain creditors may reach into the trust. [read post]
6 Aug 2013, 8:36 am by Lawrence B. Ebert
In addition, a "patentee may not assert coverage of a 'trivial' variation of the distinguished prior art feature as an equivalent." [read post]
28 Jan 2022, 4:55 pm by David
This post is the first of a three part series answering important questions about hernia mesh. [read post]