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31 Aug 2015, 2:10 pm
 `Dismissal under Federal Rules of Civil Procedure Rule 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
31 Aug 2015, 7:21 am by Ken White
Notice that the language of that order doesn't just address the one specific comment. [read post]
31 Aug 2015, 7:05 am by Alexander J. Davie
A second reason not to include non-accredited investors in a Rule 506 offering is that each non-accredited investor must, under Rule 506(b)(2)(ii), “either alone or with his purchaser representative(s) [have] such knowledge and experience in financial and business matters that he is capable of evaluating the merits and risks of the prospective investment. [read post]
30 Aug 2015, 11:32 am by Schachtman
As the Circuit court saw the matter: “[T]his approach is not the stuff of science. [read post]
30 Aug 2015, 5:42 am by Mark S. Humphreys
The Court ruled in response to two certified questions from the U.S. 5th Circuit Court of Appeals, so its ruling wasn't applied to the underlying facts in the case. [read post]
29 Aug 2015, 7:59 pm by Stephen Bilkis
Accordingly, the parties enrolled in the Long Island IVF program at John T. [read post]
28 Aug 2015, 9:36 am
That makes it a speech restriction, and one that doesn’t fit within any of the exceptions to the free speech principle. [read post]
27 Aug 2015, 3:59 am by Broc Romanek
But Communications to Journalists Aren’t Reg FD Violations – To the extent Cook’s email was directed to Cramer as a member of the media (so intention matters) – and reasonably understood that way – there likely isn’t a problem (absent other facts). [read post]