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23 Jul 2015, 5:04 am by Jon Gelman
The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.Sounding very much like a workers' compensation standardized employment status test, the US Department of Labor has added its interpretation this developing area of the law. [read post]
26 Feb 2015, 7:00 am by Robert Chesney
I explain these claims in more detail below, along with a number of other points. [read post]
22 May 2014, 7:15 am
Donald and Rochelle Sterling, the LA Clippers, Racism, and California Family Law: An Outsider's Brief Legal Analysis By: Michael C. [read post]
8 May 2014, 7:13 am by Daniel Shaviro
  To illustrate the apparent intuition, suppose that, in Figure 1 up top, earning $75 in Countries A and B constituted a normal rate of return, given the amount of capital that is being employed. [read post]
27 Feb 2014, 10:10 am by Devlin Hartline
”14 The Second Circuit in YouTube and the Ninth Circuit in Shelter Capital read this language very broadly, finding that even transcoding and indexing user-submitted content to facilitate its public playback was protected by the safe harbor.15 While Section 512(c) protects a service provider for many automated acts that occur after a user uploads content to the service, the one thing it doesn’t provide immunity for is content supplied by the service provider itself. [read post]
10 Feb 2014, 3:06 am by Peter Mahler
In a nutshell, the plaintiff contended that the promote accrued from “day one,” to be paid out after defendant received 150% of its capital contributions under § 6.1(c), whereas the defendant argued that the promote accrued only when the waterfall reaches subsection (iii) of § 6.1(a). [read post]
6 Jan 2014, 11:20 pm by Kevin LaCroix
As Alison Frankel pointed out in a November 27, 2013 post on her On the Case blog (here), in the Affiliated Ute case, the U.S. [read post]
10 Dec 2013, 6:11 am
Sovereign Wealth Funds (“SWFs”) also provide host states with an important source of revenue for undertaking projects these states may no longer be able to afford, “[c]reditors are also beginning to govern outright. [read post]
14 Oct 2013, 3:32 am by Peter Mahler
Recently I came across a third, new decision in an LLC merger case more akin to Stulman, in which Manhattan Commercial Division Justice Melvin L. [read post]
23 Sep 2013, 8:47 am by Trent Dykes
  Managers of incubators, accelerators, angel groups and others involved in startup capital raising have expressed great concern about how the revised regulations will affect them, particularly with respect to their public-facing events. [read post]
23 Sep 2013, 2:47 am by Trent Dykes
Managers of incubators, accelerators, angel groups and others involved in startup capital raising have expressed great concern about how the revised regulations will affect them, particularly with respect to their public-facing events. [read post]
3 Sep 2013, 1:38 am by Kevin LaCroix
: On August 19, 2013, in connection with its entry into a settlement with New York-based hedge fund adviser Phillip Falcone and his advisory firm Harbinger Capital Partners, the SEC for the first time implemented its new policy requiring defendants seeking to settle civil enforcement actions to admit wrongdoing, in contrast to the long-standing practice of allowing defendants to resolve the enforcement actions with a “neither-admit-nor-deny” settlement. [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
” Goldsmith agreed* with Wittes’s assessment and noted that, despite the “sharp rhetoric of the policy objections,” the Obama Administration had not “expended any real political capital in support of i [read post]
20 Mar 2013, 3:23 pm by Howard Knopf
This is what most would consider to be free trade, competition and otherwise normal, entrepreneurial, and competitive capitalism His profits helped to finance his American university studies. [read post]
20 Mar 2013, 3:23 pm by Howard Knopf
This is what most would consider to be free trade, competition and otherwise normal, entrepreneurial, and competitive capitalism His profits helped to finance his American university studies. [read post]