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5 May 2022, 9:01 pm by Kate Waldock
Unsecured creditors already want to maximize the value of their claims which, according to bankruptcy rules, typically means that they want to maximize the value of the claims of other unsecured creditors situated in the same class.[17] To the extent that their objectives differ – which is common, since unsecured creditors can be anyone from bondholders to unionized employees to tort victims – these differences are hard to reconcile. [read post]
29 Apr 2022, 5:01 am by Eugene Volokh
Kings Park Manor, Inc., for instance, the Second Circuit sitting en banc refused to hold a landlord liable for its tenants' racial harassment of fellow tenants, partly because of concern that such responsibility would pressure landlords to exercise undue power over tenants: [Under the alternative proposed by Francis,] prospective and current renters would confront more restrictive leases rife with in terrorem clauses, intensified tenant screening procedures, and intrusions into their… [read post]
12 Apr 2022, 9:01 pm by Gary Gensler
Further, placing disclosures in filings also benefits investors because there are more controls around those disclosures, with a framework required from Section 302 of the Sarbanes-Oxley Act of 2002. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
New York Civil Liberties Union; New York State Academy of Trial Lawyers; New York State Conference of Mayors and Municipal Officials et al.; New York City Bar Association; New York County Lawyers Association et al.; City of New York; New York State Trial Lawyers Association, amici curiae.SINGAS, J. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
New York Civil Liberties Union; New York State Academy of Trial Lawyers; New York State Conference of Mayors and Municipal Officials et al.; New York City Bar Association; New York County Lawyers Association et al.; City of New York; New York State Trial Lawyers Association, amici curiae.SINGAS, J. [read post]
23 Jan 2022, 2:03 pm
Instead, he placed the loan with Inn Lending—an alter ego entity of the Patels created just for this purpose. [read post]
2 Jan 2022, 8:17 am by Giorgio Luceri
Daktronics, Inc., et al., No. 21-438). [read post]
29 Dec 2021, 12:00 pm by Kevin LaCroix
The US experience, as shown by securities class actions such as Owens Corning v National Union Fire Insurance Co [6], indicates that the construction of exclusions is not a simple issue. [read post]
5 Dec 2021, 4:39 pm by INFORRM
The ICO has announced its provisional intent to impose a potential fine of just over £17 million on Clearview AI Inc, a company that proclaims to be the “World’s Largest Facial Network. [read post]
27 Nov 2021, 2:16 am by Chukwuma Okoli
Perhaps, the most noticeable guideline which I consider more novel is that the Brandon Test enjoins Court to exercise its discretion in favour of the applicant unless strong cause for not doing so is shown which places the burden of showing such strong cause for not granting the application on the respondent (claimant). [read post]
4 Nov 2021, 5:37 am by Eugene Volokh
[17] Knowing the parties' names can help a reporter or an interested local activist quickly answer those questions, whether by an online search or by asking around—the parties themselves might be willing to talk; but even if they aren't, others who know them might answer questions, or might voluntarily come forward if the party is identified. [read post]
17 Oct 2021, 2:17 pm by admin
Merrell Dow Pharms., Inc., 911 F.2d 941, 958 (3d Cir. 1990); cf. [read post]