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16 Oct 2018, 6:41 am
Under Osborne, that distinction matters. [read post]
16 Oct 2018, 5:00 am
Mandatory immigration detention is an exception to the rule that confinement requires an individualized showing of flight risk or dangerousness. [read post]
15 Oct 2018, 2:42 pm
It is now up to the states to adopt the ABA’s changes, reject them, or take them on in some modified form. [read post]
15 Oct 2018, 8:00 am
Originalist theory claims that we should consider the original meaning of the text to be fixed at the time of adoption. [read post]
15 Oct 2018, 7:00 am
Alternatively, the PRB may still be reaching consensus decisions in all or most cases, only to have one or more principals subsequently object to its decisions against continued detention as a rule. [read post]
15 Oct 2018, 3:30 am
But first, a quick refresher on the subject matter at hand… Books-and-records proceedings and inspection rights generally In New York, the books-and-record proceeding – much like the dissolution and appraisal proceedings with which readers of this blog surely are familiar – is a “special proceeding” under Article 4 of the Civil Practice Law and Rules. [read post]
15 Oct 2018, 1:05 am
This has also been recognised by Explanation 2 of Rule 68 provided in Copyright Rules enacted in 2013. [read post]
14 Oct 2018, 9:01 pm
What rules apply to impeachment proceedings? [read post]
12 Oct 2018, 1:52 pm
Reed Smith’s Competition & Regulatory team will gladly provide you with legal advice on how to adopt distribution strategies that effectively solve the dilemma outlined above in a way that is compliant with competition rules, while ensuring that you can take full advantage of your legal options in matters relating to distribution. [read post]
12 Oct 2018, 12:23 pm
The Trial Court ruled that C.G. lacked standing. [read post]
12 Oct 2018, 6:29 am
The SEC’s cease-and-desist order charges that the firm had deficient cybersecurity and identity theft prevention programs, in violation of the SEC’s Safeguards Rule (Reg S-P) and Identity Theft Red Flags Rule (Reg S-ID), which require registered investment advisers and broker-dealers to adopt reasonably designed policies to protect customer information and detect, prevent, and mitigate identity theft. [read post]
12 Oct 2018, 6:05 am
Such a Justice is barred from participating as a Supreme Court Justice both in cases before the Supreme Court and in the adoption of judicial rules, but may be involved in cases before lower federal courts when properly assigned. [read post]
12 Oct 2018, 6:00 am
It was the first ruling against Britain’s mass-surveillance programs since Edward Snowden’s 2013 revelations. [read post]
11 Oct 2018, 9:01 pm
No evidence has emerged that donations from lawyers gained them or their firms more favorable rulings or treatment from judges. [read post]
11 Oct 2018, 1:01 pm
Arguing on behalf of the manufacturers, Shay Dvoretsky contended that the justices should adopt a bright-line “bare-metal” rule, absolving the manufacturers from liability for any asbestos that they did not themselves make, sell or distribute. [read post]
11 Oct 2018, 8:33 am
Ultimately, the Court of Appeal dismissed the appeal and ordered the matter to return for a new trial using the new framework. [read post]
11 Oct 2018, 7:13 am
The anti-hardball alternative to partisan gerrymandering is sitting in plain sight.Another way to think about anti-hardball is as the set of “good-government” rules that both sides would prefer to adopt, if they had to write the rules under a veil of ignorance. [read post]
11 Oct 2018, 7:05 am
Another way to think about anti-hardball is as the set of “good-government” rules that both sides would prefer to adopt, if they had to write the rules under a veil of ignorance. [read post]
10 Oct 2018, 12:40 pm
The 2018 SEC Guidance offers the SEC’s views about public companies’ disclosure obligations under existing law with respect to matters involving cybersecurity risk and incidents. [read post]
10 Oct 2018, 12:00 pm
In a matter of first impression, the Tennessee Court of Appeals said yes, adopting the functional-equivalent doctrine to apply the privilege to consultants whose conduct and behavior comport with company employees. [read post]