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2 Mar 2021, 3:43 pm
§ 1319(c), (d). [read post]
2 Mar 2021, 3:39 pm
Internal AUSA Approval Before Indictment To pursue a Federal RICO charge, the government attorney (AUSA) must get internal approval that at least one of the following criteria are met (Manual, §9-110.310): RICO is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying charges would not; A RICO prosecution would provide the basis for an appropriate sentence under all the circumstances of… [read post]
2 Mar 2021, 8:54 am
This is because Section 230(c)(2)’s requirement to show good faith imposes a high litigation burden, including the expensive and time-consuming burden of discovery. [read post]
2 Mar 2021, 7:12 am
With respect to diversity jurisdiction and, specifically, whether the State was a party to Grace Ranch’s lawsuit, the question turned on the interpretation of 30:16 which provides for a “[s]uit by [a] party in interest upon [the] [C]ommissioner [of Conservation]’s failure to sue. [read post]
2 Mar 2021, 7:12 am
With respect to diversity jurisdiction and, specifically, whether the State was a party to Grace Ranch’s lawsuit, the question turned on the interpretation of 30:16 which provides for a “[s]uit by [a] party in interest upon [the] [C]ommissioner [of Conservation]’s failure to sue. [read post]
2 Mar 2021, 6:54 am
This finding is likely to be closely scrutinized — in in Schrems I (C-362/14) and Schrems II (C-311/18), the powers of U.S. law enforcement to access personal data in bulk, without adequate redress, were crucial to the Court of Justice of the European Union’s finding that the Safe Harbor and Privacy Shield frameworks respectively did not provide an adequate level of protection. [read post]
2 Mar 2021, 4:00 am
Advocacy A lawyer’s role is to pursue her client’s interests within the bounds of legality. [read post]
1 Mar 2021, 10:05 pm
The HomePod mini comes with a 20W USB-C power adapter. [read post]
1 Mar 2021, 2:00 pm
I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. [read post]
1 Mar 2021, 10:11 am
” Furthermore, he argues that, because “anyone interested in finding out what conduct is barred can read the definition in Section 502” of Act 710, the state’s certification provides sufficient notice to the contractor of what conduct is prohibited. [read post]
1 Mar 2021, 8:45 am
Event Announcements (More details on the Events Calendar) Tuesday, March 2, 2021, at 9:30 a.m.: The Senate Armed Services Committee will hold a hearing on global security challenges and strategy. [read post]
1 Mar 2021, 7:50 am
Most of the rest report to the CFO, with others reporting to a mix of C-suite positions. [read post]
1 Mar 2021, 7:21 am
In addition to the foregoing, this issue features the following book review by Francesca C. [read post]
1 Mar 2021, 7:00 am
The trial court rejected Funsch’s position that the 2011 email sent by Procida was the unanimous consent required by the relevant statue, N.J.S.A. 42:2C-31(c)(1). [read post]
1 Mar 2021, 6:49 am
C. [read post]
1 Mar 2021, 6:49 am
C. [read post]
1 Mar 2021, 6:36 am
Decrying "stakeholder capitalism," Ramaswamy stated that when companies pursue social causes in addition to shareholder interests, companies and investors must first define what those other societal interests should be. [read post]
1 Mar 2021, 5:34 am
Normal service looks to have been resumed following the Court of Appeal judgment in IPCom v Vodafone [2021] EWCA Civ 205, in which Arnold LJ reversed a first instance finding by Recorder Douglas Campbell QC that Vodafone was entitled to a defence of Crown use in respect of certain acts which infringed an IPCom patent, as well as providing some interesting commentary on the application of the de minimis infringement defence. [read post]
1 Mar 2021, 4:38 am
Code § 1055(C)(1)(A)(i) It is not certain that a prenuptial or postnuptial agreement can effectively waive a spouse’s interest in their spouse’s tax-deferred plan. [read post]
1 Mar 2021, 1:00 am
Where a court or tribunal is considering, in accordance with Part 5A of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act), whether the proposed deportation of a “foreign criminal” interferes with that individual’s rights to private and family life under Article 8 of the European Convention on Human Rights outweighing the public interest in favour of deportation, how is the test under s117C(4) of the 2002 Act of “very significant obstacles”… [read post]