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An entity “controlled by a foreign adversary” means an individual or entity that is:(A) a foreign person domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country;(B) an entity with respect to which a foreign person or combination of foreign persons described in (A) directly or indirectly own at least a 20 percent stake; or(C) a person subject to the direction or control of a foreign person… [read post]
1 May 2024, 11:52 am by Brian Clark
United States, 432 F.2d 1052, 1055 (3d Cir. 1970) [17] The Stalker Corp. v. [read post]
1 May 2024, 4:50 am by Heather Douglas
For instance in Ontario, Rule 60.12 of the Rules of Civil Procedure states that “…the court may, in addition to any other sanction provided by these rules, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just. [read post]
1 May 2024, 3:31 am by Alessandro Cerri
 Kneipp's position was that the documents produced by Patou did not provide evidence of JOY's reputation in France, because market share is a critical factor in evidencing a mark's reputation and the perfume Joy by Jean Patou was: (a) sold only by selected luxury and prominent retailers; and (b) had generated only a low turnover in 2016, 2017 and 2018, with a steady decrease since 2016. [read post]
30 Apr 2024, 3:12 pm by Bill Marler
HUS is a frightening complication that even in the best American centers has a notable mortality rate.[56] Among survivors, at least 5 percent will suffer end stage renal disease (ESRD) with the resultant need for dialysis or transplantation.[57] But, “[b]ecause renal failure can progress slowly over decades, the eventual incidence of ESRD cannot yet be determined. [read post]
30 Apr 2024, 10:18 am by Eric Goldman
The post Trump’s Retweets Are Criminal Contempt of a Gag Order–People v. [read post]
30 Apr 2024, 12:25 am by David Pocklington
Ormondroyd Ch was unconvinced by the justification, stating: “[20]. [read post]
29 Apr 2024, 8:09 am
  CELAC Member States support Mexico's claims and are now considering sanctions alongside the sanctions sought within the UN system. [read post]
29 Apr 2024, 4:06 am
.'s motion to dismiss this Section 2(d) opposition, rejecting its claims that the Board lacked subject matter jurisdiction (FRCP 12(b)(1)) and that Opposer MyMeta Software, Inc. failed to state a claim upon which relief can be granted (FRCP 12(b)(6). [read post]
28 Apr 2024, 11:33 am by admin
A few months after the Oregon hearings, Judge Weinstein, in the fall of 1996, along with other federal and state judges, held a “Daubert” hearing on the admissibility of expert witness opinion testimony in breast implant cases, pending in New York state and federal courts. [read post]
25 Apr 2024, 11:28 pm by Adeline Chong
As detailed in the accompanying Supreme Court Practice Directions (‘SCPD’), a claimant making an application under this ground has to establish the usual common law requirements that: ‘(a) there is a good arguable case that there is a sufficient nexus to Singapore; (b) Singapore is forum conveniens; and (c) there is a serious issue to be tried on the merits of the claim. [read post]
25 Apr 2024, 1:46 pm by Jo Ann Hoffman & Associates, P.A.
 A lawyer must not reveal information relating to a client’s representation except as stated in subdivisions (b), (c), and (d), unless the client gives informed consent. [read post]
25 Apr 2024, 1:28 pm by Hunton Andrews Kurth LLP
  The Court contrasted the language of Rule 10b-5(b) with the language of Section 11(a) of the Securities Act of 1933, which prohibits a registration statement that “contain[s] an untrue statement of a material fact or omit[s] to state a material fact required to be stated therein or necessary to make the statements therein not misleading. [read post]
23 Apr 2024, 9:01 pm by renholding
The Activision decision also addressed a challenge to the corporation’s compliance with the requirement of Section 251(c) to provide stockholders with notice of the merger. [read post]
22 Apr 2024, 2:04 pm by John Stigi and Kristin Housh
§ 77k(a), prohibits any registration statement that “omit[s] to state a material fact required to be stated therein. [read post]
22 Apr 2024, 12:26 pm by Haley Proctor
Turning to the cases, let’s begin with United States v. [read post]