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23 Jul 2012, 1:39 am by Michael Geist
First, a unanimous court in the song previews reset the law with an emphasis once again on balance and user rights: In Theberge v. [read post]
20 Jul 2012, 11:45 am by Bexis
  We think cy pres could be the Lexecon (that is the Lexecon, Inc. v. [read post]
19 Jul 2012, 4:06 am by Andrew Lavoott Bluestone
Lance International, Inc. v First National City Bank, 86 AD3d 479, 480 [1st Dept 2011] [dissolved corporation lacks capacity to sue unless in the course of winding up its affairs]; cf. [read post]
18 Jul 2012, 2:27 pm by Seyfarth Shaw LLP
  The class action inquiry in these circumstances will consist of two parts: (1) whether the putative class member is entitled to the benefit in the first instance (i.e. was he or she properly classified); and (2) whether there was a uniform policy to deprive the class member of the benefit. [read post]
18 Jul 2012, 2:27 pm by Seyfarth Shaw LLP
  The class action inquiry in these circumstances will consist of two parts: (1) whether the putative class member is entitled to the benefit in the first instance (i.e. was he or she properly classified); and (2) whether there was a uniform policy to deprive the class member of the benefit. [read post]
16 Jul 2012, 4:58 pm by Brian Galbraith
  The first step for my clients is the budget. [read post]
16 Jul 2012, 2:59 am
Transparency will benefit everyone in the long run. [read post]
16 Jul 2012, 2:59 am
Transparency will benefit everyone in the long run. [read post]
16 Jul 2012, 2:59 am
Transparency will benefit everyone in the long run. [read post]
15 Jul 2012, 8:04 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Council, immediate past Chair of the American Bar Association (ABA) RPTE Employee Benefits & Other Compensation Group and current Co-Chair of its Welfare Benefit Committee, Vice-Chair of the ABA TIPS Employee Benefits Committee, a council member of the ABA Joint Committee on Employee Benefits, and past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, Ms. [read post]
13 Jul 2012, 9:13 pm by Naomi Jane Gray
  This sets it apart from earlier DMCA opinions, including that of the Ninth Circuit in UMG Recordings, Inc. [read post]
13 Jul 2012, 10:13 am by Bexis
Simplicity Manufacturing, Inc., 563 F.3d 38 (3d Cir. 2009), while Bugosh was pending, had the same issue in a case where the plaintiff (a bystander/unintended user) would benefit from the adoption of the Third Restatement. [read post]
13 Jul 2012, 9:31 am by Kurt Wimmer
  First, several commenters objected to launching into a substantive discussion without first agreeing to a process. [read post]