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5 Jan 2017, 2:22 pm by Robert B. Milligan
Throughout 2016, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. [read post]
5 Jan 2017, 12:26 pm by Steven J. Tinnelly, Esq.
Even where a trial court is reluctant to grant every remedy sought by the HOA, if the practical effect of the lawsuit is consistent with the HOA’s principal objective (i.e., to make the homeowner comply with the governing documents), the HOA should still be deemed the prevailing party entitled to recover its attorney’s fees and costs incurred in connection with its lawsuit. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether theDuracraft Corp. v. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether the Duracraft Corp. v. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether the Duracraft Corp. v. [read post]
5 Jan 2017, 9:34 am by Carl Neff
In the first Chancery opinion of 2017, Vice Chancellor Montgomery-Reeves granted dismissal of a class action complaint which alleged breach of the duty of disclosure in connection with a short-form merger, in the decision of In re United Capital Corp. [read post]
5 Jan 2017, 9:08 am by James Kachmar
(filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software. [read post]
5 Jan 2017, 3:38 am
In what may prove to be the opening gambits in an evolving area of trademark law, the Board snuffed out an application to register a mark for “retail store services featuring herbs” because the mark was being used in connection with the sale of a substance (marijuana) that is illegal under the federal Controlled Substances Act. [read post]
4 Jan 2017, 6:25 pm by Jon
California, and has failed to incorporate several other federal rights, most involving due process and juries, in subsequent cases.Some state police power statutes have been held to be unconstitutional, usually those in which the causal connection between a act and the injury it might cause is too remote or uncertain. [read post]
4 Jan 2017, 4:45 pm by Kevin LaCroix
Michael Carter, had committed “fraud” in connection with a November 2013 “going private” transaction. [read post]
4 Jan 2017, 7:16 am by MBettman
In January, 2015, the trial court granted Lawrence’s motion for summary judgment in favor of the estate, holding that Wilson failed to present his claim to the executor as required under R.C. 2117.06. [read post]
3 Jan 2017, 9:01 pm by Sherry F. Colb
Insofar as this perspective stigmatizes abortion, it does so by expressing the view that an unborn child has a life worth living and therefore should not be killed.Stigmatizing the killing of living beings is consistent with the permission the Court has granted government to express a preference for childbirth over abortion. [read post]
3 Jan 2017, 2:14 pm by Gritsforbreakfast
After all, there's nothing connecting murderers but the outcome of their actions. [read post]
3 Jan 2017, 1:54 pm by Joy Waltemath
But nothing in either statute directly prohibits the use of incentives in connection with wellness programs either; neither statute speaks to the level of permissible incentives at all, noted the court, finding the statutes to be ambiguous on this point, leaving it to defer to the EEOC to determine the exact contours of this provision. [read post]
3 Jan 2017, 10:20 am by Howard M. Wasserman
Neither they nor the lower courts disputed that fees and costs must be causally connected to bad-faith misconduct. [read post]
3 Jan 2017, 7:00 am by MBettman
The trial court granted summary judgment to the officers on the no-proximate-cause rule formulated in Lewis v. [read post]
30 Dec 2016, 4:23 pm by Graham Smith
So, most likely, will the extension of mandatory data retention to include generation and obtaining of so-called internet connection records: site-level web browsing histories. [read post]