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20 Jun 2019, 12:48 pm by Howard M. Wasserman
The majority also focused on the practical problems that a different rule would create, in putting criminal defendants to the Hobson’s choice of allowing constitutional claims to lapse or filing civil actions against the government officials who are prosecuting them while the prosecution is ongoing; the former is undesirable, the latter “fraught with peril. [read post]
20 Jun 2019, 9:44 am by The Eric Reyes Law Firm
To prove the latter can be challenging because the establishment can easily claim they did not believe it was apparent the individual was heavily intoxicated. [read post]
19 Jun 2019, 4:04 pm
This post continues the Coalition for Peace and Ethics Working Group on Empire examination of the question of paths to empire performed through the choices being made by stakeholders as they adjust their operations to the emerging new era of global trade and production organized around leadership cores [领导核心] of states and undertaken by corresponding leadership cores of enterprises within demarcated market groups. [read post]
19 Jun 2019, 11:24 am by Florian Mueller
" The latter is, by the way, what I told CNN within less than 24 hours of the ruling.Qualcomm is concerned about licensees stopping royalty payments "under valid contracts" (though Judge Koh's order obviously serves to invalidate many such agreements), "even if temporarily," and mentions Huawei as an example.Then Qualcomm attacks the FTC's suggestion that Qualcomm could, after a successful appeal, seek "damages for any past infringement" against… [read post]
19 Jun 2019, 7:37 am by Kristian Soltes
Legal and Regulatory Developments SPOTLIGHT: A Court Ruling May Affect Acquirers’ Ability to Pass Along Data-Breach Fines to MerchantsDigital Transactions News – June 12, 2019 A common assumption among merchant acquirers and retailers is that merchants are the ones who ultimately are liable for network fines after a merchant’s data breach. [read post]
18 Jun 2019, 9:01 pm by Rodger Citron
The latter two are as creative as they are provocative.The Continuing Relevance of Billy BuddBilly Budd is relevant today because we—lawyers, judges, society—continue to wrestle with the difficult question whether to follow the literal text of the law when doing so may sacrifice justice in a specific case.During the confirmation hearings for then-Judge Neil Gorsuch for appointment to the Supreme Court, for example, much was made of his dissent in TransAm Trucking, Inc. v. [read post]
18 Jun 2019, 10:45 am by Herb Lin
It would not be the latter, unless we assume that the Russians were entirely oblivious to U.S. attempts at penetrating their electric grid before the Times story. [read post]
18 Jun 2019, 9:27 am by Jonathan Bailey
Most felt the realistic range was $16-$82 million and the jury awarded toward the higher end of that latter spectrum. [read post]
18 Jun 2019, 8:00 am by Robert Kreisman
When the special finding of fact is inconsistent with the general verdict, the former controls the latter and the court may enter judgment accordingly. [read post]
18 Jun 2019, 3:30 am by SHG
It wasn’t as much of a concern when federal criminal law tended not to overlap with state criminal law, but as the former ballooned and duplicated that latter, the potential for mischief became manifest. [read post]
18 Jun 2019, 2:00 am by DONALD SCARINCI
’” He continued, “The provisions at issue here, which establish administrative procedures for the benefit of parties accused of infringement, are much closer to the former category than the latter. [read post]
17 Jun 2019, 2:17 pm by Erik J. Heels
17 Seconds #61 – A Publication For Clients And Other VIPs Of Clocktower. [read post]
Background On 6 June, 2019, the Privacy Commissioner for Personal Data (the “PCPD“) issued an enforcement notice against Cathay Pacific Airways (and its affiliate Hong Kong Dragon Airlines) (together, “Cathay Pacific“) in respect of a data breach concerning unauthorized access to the personal data of some 9.4 million Cathay Pacific customers. [read post]
17 Jun 2019, 9:55 am
Cohen’s critique of same as part of the latter’s larger and important discussion of “market socialism” in the conclusion to his book, Self-Ownership, Freedom, and Equality (Cambridge University Press, 1995). [read post]
17 Jun 2019, 7:10 am by Seth Hanft and Greg Daugherty
The primary difference between current HRAs and Individual Coverage HRAs is that the latter could be used to reimburse premiums for individual health insurance coverage, on or off an exchange. [read post]
17 Jun 2019, 5:06 am by Ann Tweedy
Here are the initial materials in the litigation between Muscogee Creek and Poarch Creek alleging the latter Tribe’s construction of a casino on sacred grounds: Motion for Leave to File Amended Complaint Amended Complaint & Exhibits [read post]