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22 Feb 2021, 6:01 am
Updated guidance would also include rebranding the “China Initiative” and incorporating its efforts into a broader, whole-of-government strategy; expanding cooperation with government and nongovernmental institutions in a way that increases the agency of these organizations; encouraging vigilance and transparency in university-based initiatives; and increasing the Department of Justice’s expertise vis-a-vis China. [read post]
19 Feb 2021, 1:28 pm
Cases where the government does go through the formal process of eminent domain often also involve the protection of health or safety. [read post]
17 Feb 2021, 10:59 am
Here's the big question: does the NRA have a plan? [read post]
16 Feb 2021, 2:23 pm
The trial court held that federal forum provisions were invalid under Delaware law, reasoning that the “constitutive documents of a Delaware corporation cannot bind a plaintiff to a particular forum when the claim does not involve rights or relationships that were established by or under Delaware’s corporate law. [read post]
16 Feb 2021, 12:19 pm
A plaintiff must establish the existence of a protectable trade secret and misappropriation of that trade secret.v Most importantly, to be protectable as a trade secret, a plaintiff must show that the trade secret is information that derives economic value, whether actual or potential, because it is not generally known, and that the business took reasonable efforts to maintain its secrecy (the “confidentiality prong”).vi In order to secure protection of costly and… [read post]
16 Feb 2021, 11:18 am
” Response: As obvious from the assistance that was requested, the claimant does not speak another language for which an interpreter is needed, including sign language, and does NOT use a phone relay service. [read post]
16 Feb 2021, 10:37 am
In the case of the CCG, it is a maritime law enforcement organization that does not deny that it is a military force even under international law. [read post]
16 Feb 2021, 7:43 am
… film Reds in particular never displayed any independence of mind or organization vis-a-vis the Comintern and the Soviet Union. [read post]
16 Feb 2021, 6:04 am
The nature of the right of communication to the public in Article 17Also because of the approaches in certain implementation drafts at the national level, an important debate that has emerged further to the adoption of the DSM Directive is that concerning the legal nature of the provision vis-à-vis Article 3 of the InfoSoc Directive 2001/29.Some commentators have argued that the nature of Article 17 would be that of a special right or even a new sui generis right. [read post]
15 Feb 2021, 5:27 pm
Unique biometric data does not include a physical or digital photograph, unless used or stored for facial recognition purposes. [read post]
European Commission consults on a review of settlement finality and financial collateral legislation
15 Feb 2021, 5:21 am
Protections granted under the SFD vis-à-vis collateral security: the Commission points to the fact that currently the SFD does not protect collateral security provided by the client of a participant in an SFD system from the effects of opening of insolvency proceedings against the participant or the system operator beyond any protection afforded by sectoral legislation. [read post]
14 Feb 2021, 6:57 am
It has to be explicitly specified that this part of the description does not describe part of the claimed invention" (C-VI-4.3(iii), emphasis added). [read post]
14 Feb 2021, 6:14 am
In any event, it does seem as if there could well be more complaints filed along this line, based on the allegation that the defendant companies made earlier optimistic statements about their ability to deal with the impacts of the coronavirus outbreak that later turned out to be unwarranted. [read post]
12 Feb 2021, 8:55 am
VI. [read post]
12 Feb 2021, 3:22 am
Although Carling's design patent ensured exclusive use of the designs for fourteen years (2002-2016), the Board pointed out that long and exclusive use of a proposed mark does not necessarily mean that acquired distinctiveness has been attained. [read post]
11 Feb 2021, 2:35 pm
The academics' letter does not say. [read post]
9 Feb 2021, 5:30 am
The Court ruled that having Gillick competence for puberty blockers alone “does not reflect the reality,” as the evidence presented shows that the majority of children prescribed puberty blockers continued on to stage 2 and were subsequently prescribed cross-sex hormones, thus “Stages 1 and 2 are two stages of one clinical pathway and once on that pathway it is extremely rare for a child to get off it. [read post]
8 Feb 2021, 6:50 am
First, Rademaker argues that a presidential power to rejoin treaties can “only be understood to expand the power of the president vis-à-vis the Senate. [read post]
5 Feb 2021, 11:56 pm
The State does not force them or retailers to do all their business in parking lots and parks. [read post]
4 Feb 2021, 3:19 pm
" We think it a mistake to view impeachment proceedings in this binary fashion: that the First Amendment does, or does not apply to an impeachment proceeding. [read post]
