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2 Jul 2019, 1:27 pm
What matters, for purpose of the throwback rule, is not that Wyoming does tax a company, but that, from a federal perspective, it could—that it has the legal authority to do so. [read post]
2 Jul 2019, 12:53 pm
” It might be a WFH as the work of an employee within the scope of his employment, but the district court did not so find; the parties could litigate the matter on remand if they cared to figure out the term of the copyright or whether Hill owned termination rights.However, the Bank still won the issue because the agreement “operated as an assignment. [read post]
2 Jul 2019, 9:45 am
Under such a standard, they both agree, the USPTO could refuse registration under the Lanham Act to reject the application for “F-U-C-T. [read post]
2 Jul 2019, 9:34 am
First, FCA actions shift the burden of proof from the traditional tax enforcement matter to the taxpayer’s advantage. [read post]
2 Jul 2019, 6:00 am
Key Findings When corporate income is apportioned among states for tax purposes, it is possible for some income to be earned in states which lack jurisdiction to tax the corporation, generating what is known as “nowhere income” that is not taxed by any state. [read post]
2 Jul 2019, 5:38 am
By judicial fiat, certain subject matters -- manufacturing, agriculture and employer-employee relations -- were put beyond the reach of national authority. [read post]
2 Jul 2019, 4:51 am
Most importantly, however, as can be vividly demonstrated by the present case, the conceptual difference between them has repercussions for what exactly is to be assessed and how, if either concept is to be invoked.It is true that EU trade mark law poses limitations to the types of signs that can be registered as trade marks, but does not prohibit the use of signs contrary to public policy or morality per se (this is a matter for national laws). [read post]
2 Jul 2019, 4:00 am
"** The Appellate Division said as matter of proper procedure Supreme Court should have transferred the matter to the Appellate Division and although it did not do so it would treat the matter as having been properly transferred and consider the substantial evidence issue de novo.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_05046.htm [read post]
1 Jul 2019, 11:44 pm
The patent, granted in 2011, had been opposed on the grounds of Article 100(c), 100(b) and 100(a) EPC for lack of novelty and inventive step.In the appealed decision, the opposition division had held that the process claimed in auxiliary request 10 did not add subject-matter and that it was novel. [read post]
1 Jul 2019, 9:03 pm
JOpinion Editor’s note: Gary M. [read post]
1 Jul 2019, 3:24 pm
"[C]ourts have discretion in determining the issue and do so by balancing the privacy interests of the party seeking anonymity against the general presumption favoring open trials and the risk of prejudice to the opposing party. [read post]
1 Jul 2019, 9:40 am
Job Description: Section attorneys are responsible for independently investigating, prosecuting, and trying computer crime and intellectual property matters. [read post]
1 Jul 2019, 8:59 am
C. [read post]
1 Jul 2019, 6:23 am
Such scrutiny has recently featured prominently in two high-profile sexual harassment matters: the Wynn Resorts investigation and the various legal proceedings following the allegations against Harvey Weinstein. [read post]
1 Jul 2019, 6:00 am
Gov’t Code § 2009.005(c) which states “[n]othing in this chapter authorizes binding arbitration as a method of alternative dispute resolution” should be interpreted to mean that this section does not prohibit a local government from engaging in binding arbitration? [read post]
1 Jul 2019, 5:01 am
Radack then apparently settled the original case, and Tweeted this about the matter: Since April 2018, I have been involved in litigation with Trevor Fitzgibbon. [read post]
1 Jul 2019, 4:48 am
C. [read post]
1 Jul 2019, 4:32 am
Legal methodology, including the motivation of judicial decisions, lawyerly style and method of arguing cases needs to be studied in historical and comparative perspective to understand where we are now, and where we might be heading.Papers could probe the process of emergence and evolution of legal professions, from their institutional aspects and their understanding of their jobs, through to technical matters of method. [read post]
1 Jul 2019, 1:22 am
Referring to the CJEU case law (C-254/09 Calvin Klein Trademark or joint cases: C-581/13 and C-582/13 Ballon d’or), the link between disputable signs at stake must be sufficient in consumers’ minds. [read post]
1 Jul 2019, 1:00 am
In the matter of D (a child), heard 3-4 Oct 2018. [read post]
