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25 Apr 2024, 11:28 pm
’[2] For step (a), the previous Order 11 gateways have been transcribed as a non-exhaustive list of factors.[3] This objective of this reform was to render it ‘unnecessary for a claimant to scrutinise the long list of permissible cases set out in the existing Rules in the hope of fitting into one or more descriptions. [read post]
25 Apr 2024, 9:05 pm
SEC,2 the Supreme Court held that a disgorgement award that does not exceed a wrongdoer’s net profit and is awarded for victims is a lawful form of equitable remedy. [read post]
25 Apr 2024, 9:01 pm
SEC leadership has taken the position that Panuwat does not involve a novel theory and is instead a straightforward application of the elements of the misappropriation theory of insider trading. [read post]
25 Apr 2024, 12:17 pm
The Court of Appeal did not however need to go on and explicitly consider the authorship of the risk and price charts, as the defendants’ conceded that if they were original then the relevant software developer was the author. [read post]
25 Apr 2024, 10:18 am
Innocent Explanation Your lawyer may present evidence to show that there is an innocent explanation for your actions, which does not involve criminal intent. [read post]
25 Apr 2024, 10:16 am
… Does it keep you up and hunt you all night and day? [read post]
25 Apr 2024, 7:35 am
Plaintiff has failed to prove that it was clearly established at the relevant time that the Doe Defendants were barred from (1) attempting to distinguish between religious and secular objections to a vaccine or (2) in that effort, denying exemptions to a state-mandated vaccine mandate to employees who expressed ostensibly religious objections to the use of fetal cells in the development of the vaccine. [read post]
24 Apr 2024, 4:51 pm
2. [read post]
24 Apr 2024, 11:23 am
Nor does Plaintiff specify the nature of these potential harms. [read post]
24 Apr 2024, 4:00 am
At least 2 of the 17 directors are individuals who are Indigenous or belong to a First Nation. [read post]
23 Apr 2024, 10:12 am
This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. [read post]
23 Apr 2024, 10:05 am
Does that change anything for the peaceful protesters? [read post]
23 Apr 2024, 6:16 am
Accident victims also need to be ready for a defense argument that warning labels, standing alone, are not enough to justify personal injury claims against defendants where substantial sums are at issue. [read post]
22 Apr 2024, 2:04 pm
Even a duty to disclose, however, does not automatically render silence misleading under Rule 10b–5(b). [read post]
22 Apr 2024, 1:36 pm
Technically, Arizona law does not contain the phrase “statutory rape. [read post]
22 Apr 2024, 1:11 pm
A plaintiff does not need to allege reliance, scienter nor loss causation to succeed on a Section 11 claim or a Section 12(a)(2) claim. [read post]
22 Apr 2024, 10:01 am
Defendant knows what he is doing, and everyone else does too. [read post]
22 Apr 2024, 7:45 am
P. 32.2(b)(2)(B), “does not bar a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review. [read post]
22 Apr 2024, 5:35 am
2. [read post]
22 Apr 2024, 5:00 am
Slip op. at 2-4. [read post]
