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Justice Gorsuch, in a dissenting opinion joined by Justice Sotomayor, expressed strong disagreement with the majority’s interpretation of Section 315(b) as “another step down the road of ceding core judicial powers to agency officials and leaving the disposition of private rights and liberties to bureaucratic mercy” (Thryv, Inc. v. [read post]
Second, a few key themes repeated throughout the complaint provide insight into what the SEC sees as relevant under the Howey factors: The SEC consistently homes in on the fact that, for each token, the founders or development team held a large tranche of tokens — apparently suggesting that their economic incentives were aligned with purchasers’ — which may be relevant to the “common enterprise” and/or “expectation of profits” prongs of Howey;… [read post]
24 Jul 2022, 1:09 pm by Bob Bauer, Jack Goldsmith
It will be important to distinguish those proposals from misguided criticisms of the core design. [read post]
21 Jul 2022, 1:29 pm by Thomas James
Thomas James (“The Cokato Copyright Attorney”) explains how Hachette Book Group et al. v. [read post]
21 Jul 2022, 1:29 pm by Thomas James
Thomas James (“The Cokato Copyright Attorney”) explains how Hachette Book Group et al. v. [read post]
In particular, we were skeptical that Trump’s speech would satisfy the stringent requirement of Brandenburg v. [read post]