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28 Sep 2023, 4:00 am
” Second, upon receipt of that letter, Duke issued a guidance memo announcing—based solely on the legal position in Sessions’s letter, together with the Fifth Circuit [read post]
2 Jul 2013, 8:32 am
In a unanimous five-page decision, the United States Court of Appeals for the Second Circuit Monday reversed a ruling affording class action status to the plaintiff in the eight-year-old litigation, The Authors Guild, Inc. et al. v. [read post]
2 May 2012, 10:33 pm
This argument—adopted by the en banc Second Circuit in Arar v. [read post]
27 Jul 2012, 9:45 am
July 12, 2012), the United States Court of Appeals for the First Circuit affirmed the dismissal of a securities class action lawsuit against Boston Scientific Corporation (the “BSC”). [read post]
6 May 2016, 3:14 pm
Apr. 12, 2016), the United States Court of Appeals for the Eighth Circuit held, in a Rule 10b-5 securities fraud action, that the district court incorrectly analyzed the price-impact evidence submitted by defendants to rebut the fraud-on-the-market presumption of reliance that plaintiffs had invoked to satisfy Rule 23(b)(3)’s predominance requirement. [read post]
6 May 2010, 12:18 pm
United States v. [read post]
23 Apr 2010, 7:30 am
On October 6, 2009, President Obama nominated Chin to the United States Court of Appeals for the Second Circuit. [read post]
31 Jul 2017, 7:30 am
United States (1 [read post]
31 Jan 2023, 5:53 pm
Petitioners then filed a second motion for intermediate relief with the Court of Appeals requesting a stay of the Family Court’s September 15, 2022, order. [read post]
6 Mar 2013, 11:00 am
The United States Court of Appeals for the Second Circuit reversed, accepting the SEC’s argument that because the underlying violations sounded in fraud, the “discovery rule” applied, meaning that the statute of limitations did not begin to run until the SEC discovered or reasonably could have discovered the fraud. [read post]
29 Sep 2008, 1:52 am
The United States Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the District of Connecticut in the case of Doninger v. [read post]
23 Jul 2010, 1:40 pm
June 30, 2010), the United States Court of Appeals for the Ninth Circuit concluded that the Private Securities Litigation Reform Act’s (“Reform Act”) safe harbor provision, 15 U.S.C. [read post]
5 Dec 2013, 10:16 am
To the extent that the BPatG's nullity decisions are appealed and the related appeals adjudged (which happens in only a fraction of all cases due to earlier settlements or surrenders), a rather high percentage (a patent attorney whose clients don't include today's parties told me it's about 50%) are reversed.At any rate, today's German ruling is good news, for the time being, for Google, which experienced a dreadful appellate hearing before the United States… [read post]
14 May 2008, 7:53 am
Tom F. nondecision by the United States Supreme Court last October. [read post]
3 Apr 2023, 10:16 am
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
3 Apr 2023, 10:16 am
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
24 Jan 2022, 2:27 am
Matthew Connolly and Gavin Campbell Black, Defendants-Appellants-Cross-Appellees (United States Court of Appeals for the Second Circuit, 19-CR-3806 / January 27, 2022)SEC Obtains Final Judgment Against Canadian Man Charged with Conducting Fraudulent Trading Scheme (SEC Release)SEC Settles Case Against Gary Pryor and Two Arizona-Based Financial Technology Companies (SEC Release)SEC Charges Tennessee Resident with Fraudulent Misuse of Investor… [read post]
2 Dec 2020, 11:07 am
Court of Appeals for the Eleventh Circuit disagreed, concluding that it was bound by its 2010 decision in United States v. [read post]
24 Nov 2008, 1:37 pm
" United States v. [read post]
11 Dec 2012, 2:42 pm
In a 2-1 split decision, the Second Circuit Court of Appeals agreed with Caronia and vacated the conviction. [read post]
