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6 Jul 2021, 4:23 am by Franklin C. McRoberts
Under New York law, “[w]hen there is no written partnership agreement between the parties [the] [f]actors to be considered in determining the existence of a partnership include (1) sharing of profits, (2) sharing of losses, (3) ownership of partnership assets, (4) joint management and control, (5) joint liability to creditors, (6) intention of the parties, (7) compensation, (8) contribution of capital, and (9) loans to the organization” (Czernicki v Lawniczak, 74 AD3d 1121 [2d… [read post]
16 Mar 2011, 6:26 am by Rob Robinson
It Improves Lives. http://tinyurl.com/4lw2h6q (Richard Thaler) Trend Setting - Top 10 Legal Process Outsourcing Trends for 2011 - http://tinyurl.com/6fkmu87 (Gavin Birer) Twilio Powering Mobile Start-Ups at SXSW - http://tinyurl.com/6967egz (Jenna Wortham) Twitter Enables “Always Use HTTPS” Setting - http://tinyurl.com/4txqu8b (Alexia Tsotsis) Twitter Finalizes FTC Security Settlement - http://tinyurl.com/68w3w6l (Mathew Schwartz) 'Wayback' to the Collapse of Law Firms -… [read post]
30 Mar 2011, 4:35 am by Rob Robinson
eDiscovery News Content and Considerations 2nd Circuit Grants Standing in Challenge to FISA – http://tinyurl.com/4fj3a72 (Mark Hamblett) As Bulging Client Data Heads for the Cloud, Law Firms Ready for a Storm - http://tinyurl.com/45rvwyo (Joe Dysart) Bates Numbering ESI & Other Dates with a Recycle Bin – http://tinyurl.com/4dm99md (Josh Gilliland) Brand Owners Could Stop Keyword Triggers That Benefit From Their Reputation, Says ECJ Advisor – http://tinyurl.com/4h8tez2 (Pinsent… [read post]
18 Jan 2022, 9:05 am by Katherine Pompilio
Males born after 12/31/1959 must be registered for Selective Service. [read post]
29 Apr 2022, 5:01 am by Eugene Volokh
Our holding should also be of special interest to those concerned with the evolution of surveillance by state actors or by those purporting to act at their direction. [read post]
5 Dec 2007, 7:39 am
Box 466, 67 Division Street Amsterdam, NY 12010 Phone: (518) 842-3511 E-mail: ucp@superior.net Aspire of WNY 2356 North Forest Road Getzville, NY 14068 Phone: (716) 505-5500 Fax: (716) 505-5500 E-mail: info@aspirewny.org Web: http://www.aspirewny.org CP of Western New York's Children's Center 4635 Union Road Buffalo, NY 14225 Phone: (716) 633-9351 Cerebral Palsy of the North Country, Inc. 4 Commerce Lane Canton, NY 13617 Phone: (315) 379-9667 Fax: (315) 379 [read post]
24 Jun 2009, 2:01 pm
  Factors basic to the exercise of this discretion are whether the defendants would suffer prejudice if the use of the journal was permitted, and whether there was a reasonable explanation for the plaintiff's failure to disclose it. [31] Other factors relevant to the exercise of the discretion are whether excluding the document would prevent the determination of the issue on its merits:  Hoole v. [read post]
5 Apr 2009, 1:26 pm
The decision to exempt TALF participants from the Stimulus Act’s executive compensation restrictions appears to have been made out of concern that the requirements could chill participation in TALF.[8] Following the signing of the Stimulus Act, the Obama administration announced it also would spend $75 billion to encourage home mortgage lenders to modify loans for borrowers in foreclosure or at risk of foreclosure, and up to $200 billion to allow homeowners to refinance through… [read post]
6 Jan 2015, 10:36 am by Robert B. Milligan and Daniel P. Hart
George Holding (R-N.C.) and Jerrold Nadler (D-N.Y.) introduced a similar bill in the House of Representatives, the Trade Secrets Protection Act of 2014. [read post]
19 Jan 2008, 11:58 am
We hold that the district court applied an inc orrect legal standard in determining Defendant's summary judgment motion. [read post]
14 Nov 2011, 12:22 pm by Steve Bainbridge
… This is because, as the court has explained, under the misappropriation theory of liability, it is the undisclosed use of confidential information for personal benefit, in breach of a duty not to do so, that constitutes the deception.[8] The present state of the law thus leaves unresolved which of three viable alternatives is correct: As per Rule 10b5-2, a fiduciary duty is not required; rather, a mere agreement to keep information confidential suffices. [read post]
By requiring a description of all such litigation, regardless of whether the amount of money involved is itself material, the Commission believes it has given recognition to both the importance of the national environmental policy and the far-reaching effects, both financial and environmental, of violations of environmental laws.[8] Importantly, the SEC also concluded that Congress expected SEC disclosure authority to be used to “require the dissemination of information which is or… [read post]
20 Feb 2019, 2:37 pm by admin
App., 1997)(“in giving an opinion as to the damages to the residue, an expert is required to state the before and after fair market values of the property”). 8 First Industrial I, 158 Ohio App.3d 792 at 796 (citing Norwood v. [read post]
2 Jul 2018, 4:07 am by Marty Lederman
  What’s more, it’s certainly true that Roberts did not definitively hold that the First Amendment constrains entry decisions:  he merely suggested that the scope and operation of the Religion Clauses in this foreign affairs context is a “delicate issue[]” (p.29). [read post]