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12 Nov 2017, 11:00 pm by Kevin LaCroix
Affiliated Ute Does Not Apply to Claims Based Primarily on Misstatements The Second Circuit agreed with defendants that the district court should not have given plaintiffs the benefit of the Affiliated Ute Adhering to two of its prior decisions, the court held that Affiliated Ute does not apply to claims based “primarily” on affirmative misstatements, as opposed to omissions.[6] The court noted that the alleged omissions were “simply the inverse” of the… [read post]
9 Mar 2011, 1:29 pm by Adam Thierer
See my reviews of recent books by Andrew Keen, Mark Helprin, Lee Siegel and even to some extent Jaron Lanier. [read post]
18 Mar 2024, 4:32 am by Peter Mahler
In June 2022, Manhattan Commercial Division Justice Andrew Borrok granted Tao’s pre-answer motion to dismiss the complaint (read here), holding that under Delaware LLC Act Section 18-101[9] (“A member or manager of a limited liability company or an assignee of a limited liability company interest is bound by the limited liability company agreement whether or not the member or manager or assignee executes the limited liability company agreement”) Behler was bound by the… [read post]
24 Feb 2013, 9:19 am by NL
[Counsel] suggested at one time that there might be some absurdity, if, say, a man took under a single lease (which does not seem very probable) two flats in widely separated districts; but that case can be dealt with when it arises. [read post]
12 Oct 2009, 6:12 am
As a result, the authorities have the opportunity to challenge a problematic merger and reduce a post-acquisition litigation scenario.[12]  Under Brazilian antitrust law[13], any act that may limit or otherwise restrain open competition or any form of economic concentration (including mergers), or that result in the control of relevant markets for certain products or services, shall be submitted to the antitrust authorities for review.[14] The Brazilian antitrust law currently… [read post]
17 Jan 2017, 4:19 pm by Kevin LaCroix
  As noted above, these requests for information are not made via subpoenas as the SEC staff does not have subpoena authority during the MUI stage. [read post]
24 Feb 2013, 9:19 am by NL
[Counsel] suggested at one time that there might be some absurdity, if, say, a man took under a single lease (which does not seem very probable) two flats in widely separated districts; but that case can be dealt with when it arises. [read post]
27 Jun 2024, 12:16 pm by Eugene Volokh
" The attorney who told NBC that there were more than two hysterectomies, Andrew Free, also told NBC that those reports had not been confirmed and were still being vetted. [read post]
3 Feb 2012, 8:28 am by Ken
Also, note that Marc does not specify how any statement I made was false, and does not understand the legally significant difference between statements of opinion and provably true or false statements of fact. [read post]
24 Mar 2013, 8:03 pm by Ken
The government does that for deterrence. [read post]
21 Aug 2024, 3:42 pm by Daniel J. Gilman
That is, even if the FTC does have authority to adopt some substantive-competition rules, it violated the APA in adopting the rule that it did. [read post]
18 Jul 2020, 9:40 am by Guest Blogger
For the symposium on Andrew Koppelman, Gay Rights vs Religious Liberty? [read post]
19 May 2016, 1:37 pm by Rebecca Tushnet
 Andrew Goldman, Knowledge Ecology International: should be presumptive renewal of previously granted exemptions. [read post]
15 Apr 2016, 8:10 am
A New York Estate Lawyer said this was a proceeding brought by BS, the executor of the estate of her father, LS, before the Surrogate's Court of the City of New York, Nassau County, to determine the validity of a claim made by the Nassau County Department of Social Services against the estate for public assistance rendered to ZS, LS's wife, from 10 June 1996 to 3 October 2002, while LS was still alive. [read post]
18 Jun 2020, 6:38 am by Linda McClain
I am grateful to contributors Aziza Ahmed, Dale Carpenter, Imer Flores, Cathleen Kaveny, Randall Kennedy, and Andrew Koppelman for their insightful and instructive comments. [read post]