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9 Jan 2019, 7:00 am
The court of appeal noted that many of these issues come down to the question of predominance under federal Rule 23(b)(3) or its state law equivalent. [read post]
9 Jan 2019, 7:00 am
Ontario’s cannabis retail authorization lottery guidelines place an onerous process on winners and only large, well-financed and established players will be able to handle it, say lawyers in the cannabis sector. [read post]
9 Jan 2019, 5:55 am
In delving into what did and didn't happen during service, we often come across the scenario where the party to be served used to live at address A but moved to address B, and service was made at A. [read post]
9 Jan 2019, 12:28 am
Lack of distinctive character or reputation of an earlier trademark will preclude a declaration of invalidity of a registered trademark: In other words, an application for a declaration of invalidity on the basis of an earlier trademark will not succeed if the earlier trademark, on the filing date or priority date of the contested trademark: may be declared invalid due to lack of distinctive character, due to it being descriptive or generic, unless it has acquired distinctive character as a… [read post]
8 Jan 2019, 8:13 pm
As to standing, the District Court responded that although it will “revisit all of the elements of standing after the factual record has been fully developed at trial,” plaintiffs had sufficiently shown facts supporting standing for summary judgment purposes because (a) plaintiffs provided numerous examples of injuries allegedly resulting from climate change, despite the widespread nature of those injuries that are not particularized to these plaintiffs; (b) plaintiffs… [read post]
8 Jan 2019, 5:32 pm
The guidance describes proper application of means-plus-function principles under § 112(f), definiteness under § 112(b), and written description and enablement under § 112(a).These guidance documents have been issued concurrently to ensure consistent, predictable, and correct application of these principles across the agency. [read post]
8 Jan 2019, 2:42 pm
Hochfelder case in 1976 had inferred the scienter requirement for Rule 10b-5 actions not based on the language of Rule 10b-5 but based on the meaning and requirements of Section 10(b), on which Rule 10b-5 is based. [read post]
8 Jan 2019, 2:38 pm
(Pix credit here)Especially since the start of international efforts to create a single comprehensive treaty for business and human rights (see, e.g., here, here, and here), states have started to adopt legislation that regulates some aspects of the human rights effects of economic activity. [read post]
8 Jan 2019, 2:31 pm
However, this “gotcha” is used by SiriusXM and others to avoid paying great American artists whose records were released before 1972—jazz, R&B and rock legends get nothing. [read post]
8 Jan 2019, 7:08 am
The court next looked to whether a class should have been certified at all, focusing (as most courts do in this context) on Rule 23(b)(3)’s predominance requirement. [read post]
8 Jan 2019, 6:45 am
Key Findings The Tax Cuts and Jobs Act created the Opportunity Zones program to spur investment in economically distressed census tracts. [read post]
8 Jan 2019, 4:59 am
The Film Fund Agreements provide that the escrow agent is not liable for any act unless taken in bad faith, willful disregard of the agreement, or gross negligence (,-r 5). [read post]
8 Jan 2019, 4:25 am
Die Gültigkeit beträgt damit mindestens fünf Jahre – zum Beispiel für Gutscheine für Bücher, Kleider oder Restaurantbesuche (Art. 128 OR). [read post]
7 Jan 2019, 12:52 pm
Well, in that particular case, the company understood two things: a) the union bargaining committee wasn’t at all aligned in real life with the international representative’s anger; and b) given the context of the good overall relationship in the plant between the company and the union, the overwhelming likelihood was that the remarks by the international representative were just performance art; they were just his idea of how negotiations are supposed to work. [read post]
7 Jan 2019, 10:48 am
” Emson alleged, among other things, that: (a) Masterpan falsely represented the OCP with its “As Seen On TV” label; (b) Masterpan’s “original” advertising deceived the public into believing that the OCP was the first copper pan of its kind; and (c) Masterpan mischaracterized the amount of copper in the OCP. [read post]
7 Jan 2019, 10:29 am
The Governor’s Office of Planning and Research (“OPR”) has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act (“CEQA”) Guidelines.[1] The updated text[2] (“Final Text”) ensures the Guidelines are consistent with recent court decisions, implements legislative changes, clarifies rules governing the CEQA process, and eliminates duplicative analysis. [read post]
7 Jan 2019, 7:56 am
To facilitate and govern the submission of a request by a consumer to opt-out of the sale of personal information. b. [read post]
7 Jan 2019, 7:36 am
We've Moved! [read post]
7 Jan 2019, 4:12 am
“It’s downgrading R&B, soul and hip-hop’s incredible impact on music. [read post]
7 Jan 2019, 3:45 am
Cory Gardner (R-Colo.), Michael Green, and Yoshimasa Hayashi, and a panel discussion involving Green, Kenichiro Sasae, and several other discussants. [read post]
