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3 Apr 2024, 9:01 pm by renholding
These are not secret analyses; they are public documents for the whole world to see.[4] Even parties that argue in court that their conduct does not implicate the federal securities laws have themselves used the Howey framework internally for years to evaluate crypto offerings.[5] Of course, that doesn’t mean that all crypto products are offered as “investment contracts” and are therefore securities. [read post]
2 Apr 2024, 9:52 pm by Jocelyn Bosse
The patent claimed use of the drug in treating a patient subgroup having moderate renal impairment, which was challenged based on prior art in summaries and press releases about the success of earlier Phase III clinical trials in the broader population. [read post]
2 Apr 2024, 9:50 am by Jonathan H. Adler
More importantly, when the FDA approves a medication, this does not immunize the manufacturer against tort liability, as cases such as Wyeth v. [read post]
1 Apr 2024, 5:50 am by Natalia Kubesch
This definition does not correspond to the meaning of “gross human rights violations” under international law. [read post]
29 Mar 2024, 7:28 pm
That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. [read post]
  Consistent with CIRCIA, the proposed regulatory text of the Covered Entity definition includes that entities must be “in a critical infrastructure sector,” but the text does not define this term or describe how to determine which entities are within those sectors. [read post]
28 Mar 2024, 2:21 am by David Pocklington
It is unfortunate that, whilst it does not suggest any alteration in the works proposed, it does raise urgent concern about the stability of the painted ceiling which will require a detailed condition survey which, the conservators advise should be before the works, the subject of this faculty, commence. [read post]
27 Mar 2024, 3:39 pm by Guest Author
Origin and Meaning of the Anti-Power-Concentration Principle In Seila Law v. [read post]
27 Mar 2024, 4:00 am by Michael C. Dorf
Cutting to the chase, I agree with Amy Howe's assessment (on SCOTUSblog) of yesterday's Supreme Court oral argument in FDA v. [read post]
26 Mar 2024, 7:17 am by Jonathan H. Adler
The theory the plaintiffs have pressed, she notes, does not come within miles of the requirements of Article III standing as the Court has articulated them in prior cases. [read post]
26 Mar 2024, 4:01 am by Brooke MacKenzie
The well-established test considers current good character by evaluating (i) the nature and duration of the past misconduct; (ii) whether the applicant is remorseful; (iii) the extent and success of the applicant’s rehabilitative efforts; (iv) the applicant’s conduct since the misconduct; and (v) the passage of time since the misconduct.[9] While this test may be intended to serve the purpose of promoting public confidence in the legal professions (which exists… [read post]