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19 Dec 2017, 3:08 pm by Marty Lederman
At oral argument two weeks ago in Masterpiece Cakeshop, the Justices did not appear to be taken with any of the unconvincing distinctions that the bakery’s counsel and the U.S. [read post]
19 Dec 2017, 9:26 am by Andrew Levad and Jason Gordon
Certainly aware of this announcement was the San Francisco-based hotel company Equinox Hotel Management Inc., which already has existed in the hotel industry for years under its EQUINOX-formative trademarks. [read post]
19 Dec 2017, 9:26 am by Andrew Levad and Jason Gordon
Certainly aware of this announcement was the San Francisco-based hotel company Equinox Hotel Management Inc., which already has existed in the hotel industry for years under its EQUINOX-formative trademarks. [read post]
18 Dec 2017, 9:22 pm by Stephen Dombroski
In today’s technology rich marketplace, tools exist to improve this process and more are coming. [read post]
18 Dec 2017, 4:07 pm by Danielle Garcia
In PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), the Board reinstated the traditional community of interest standard to be used when determining whether unions have included all necessary employees on a petition for union representation. [read post]
18 Dec 2017, 7:13 am by Joy Waltemath
The ALJ applied the standard adopted in Browning-Ferris Industries of California, Inc. dba BFI Newby Island Recyclery. [read post]
18 Dec 2017, 5:36 am by Joshua Fox
Actual Exercise of Direct and Immediate Control Is Now Needed The Board restored the pre-Browning-Ferris paradigm that had existed for nearly 30 years. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
 The last blog post on Madden v Midland Funding discussed a fresh law review article advocating that other circuits embrace the Second Circuit’s holding that assignees of national banks do not “inherit” National Bank Act protection so as to allow them to collect interest at a rate that was not usurious when charged by the bank that owned the account (thanks to federal preemption protection), but exceeded the usury limits in the state in which Midland Funding, LLC, the… [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
Recent article no help answering that question.Show me the Note in Madden and Midland, and show me the Valid-when-made Doctrine – The last blog post on Madden v Midland Funding discussed a fresh law review article advocating that other circuits embrace the Second Circuit’s holding that assignees of nationalbanks do not “inherit” National Bank Act protection so as to allow them to collect interest at a rate that was not usurious when charged by the bank that owned the… [read post]
15 Dec 2017, 10:31 pm by Anthony Zaller
Wal-Mart Stores, Inc., 572 F.3d 677, 683 (9th Cir. 2009) holding that a “finding of the right to control employment requires . . . a comprehensive and immediate level of ‘day-to-day’ authority over employment decisions. [read post]
15 Dec 2017, 9:24 am by Eugene Volokh
" By their very purpose, trademarks exist to convey messages throughout commerce. [read post]
15 Dec 2017, 7:22 am by Joy Waltemath
Princess, Steiner Leisure Limited, and Steiner Transocean U.S., Inc., and the individual defendant were not signatories or parties to the SEA. [read post]