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4 Oct 2020, 4:45 am by Neil Wilkof
The court’s reasoning began with the well-known tripartite test for breach of confidence found in the English case of Coco v A N Clark (Engineers) Ltd [1969] RPC 41, namely (as paraphrased by the court in LVM) that:(a) “the information must possess the quality of confidentiality;(b) the information must have been imparted in circumstances importing an obligation of confidence; and (c) there must have been some unauthorised use of that information to the detriment of… [read post]
2 Oct 2020, 4:27 pm by Eugene Volokh
Justice Viviano also indicated that in an appropriate future case, he would consider adopting the approach to nondelegation advocated by Justice Gorsuch in Gundy v United States (2019) (Gorsuch, J., dissenting). [5.] [read post]
1 Oct 2020, 12:12 pm by John Jascob
The court followed the reasoning of its own caselaw in the 10(b) context and of sister circuits’ opinions in 14(a) cases to hold that Section 14(a) does not extend to state breach-of-duty claims absent allegations of self-dealing.Furthermore, the plaintiff’s allegations did not plead self-dealing sufficient to state a Section 14(a) claim. [read post]
1 Oct 2020, 6:03 am by John Bellinger, Sean Mirski
Several defendants have argued strenuously that the Title III cases against them must be dismissed either because the plaintiffs do not have standing, or because the plaintiffs had failed to properly allege that the defendant companies had the necessary scienter or mental state. [read post]
  As in other states, Louisiana law requires employers to pay into an unemployment insurance fund to cover the cost of state unemployment benefits. [read post]
30 Sep 2020, 7:30 am by JR Chaves
No se trata pues de un mero capricho de las autoridades administrativas en una más que discrecional arbitraria, decisión de realizar la actividad administrativa por la vía funcionarial o de cualquier otra persona ajena a la propia Administración, sino que son que es aquella la que da garantía al sistema y, lo que es más importante, impone nuestra Legislación. [read post]
30 Sep 2020, 1:57 am by Florian Mueller
It's easily confused for a motion to dismiss for failure to state a claim upon which relief can be granted (FRCP 12(b)(6)), but is actually closer to a summary judgment motion. [read post]
29 Sep 2020, 6:16 am by Raul "Pete" Pedrozo
Under Secretary of State Keith Krach’s official visit to Taiwan. [read post]
28 Sep 2020, 1:26 pm by Sheila R. Carroll
Four key takeaways from the Supreme Court's decision in Digital Realty Trust, Inc. v. [read post]
28 Sep 2020, 8:58 am by Robert Liles
NEW — Abusive ordering, certifying, referring, or prescribing of Part A or B services, items or drugs. 42 C.F.R. [read post]
28 Sep 2020, 8:58 am by Robert Liles
NEW — Abusive ordering, certifying, referring, or prescribing of Part A or B services, items or drugs. 42 C.F.R. [read post]