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6 Dec 2023, 12:40 pm
Although actual malice is frequently an element discussed in the context of public-figure defamation claims, The Times does not assert the public-figure status of Spears in this motion, which is based solely on the pleadings and materials properly incorporated therein (like the Challenged Report). [read post]
6 Dec 2023, 11:52 am
Yet another exposure some corporate managers may face could arise for companies that are too slow to respond to the changing AI circumstances. [read post]
3 Dec 2023, 7:10 pm
Finally, claims that straddle more than one phase will be apportioned to those respective phases and the discount applicable for those phases will apply. [read post]
1 Dec 2023, 10:14 am
Introduction In recent years, states across the U.S. have threatened to cut ties with banks and asset managers that incorporate Environmental, Social, and Governance (ESG) screening into their accounting, or otherwise screen for climate risk. [read post]
30 Nov 2023, 7:09 am
A “powered industrial truck” is defined by ANSI B56.1-1969 as a “mobile, power propelled truck used to carry, push, pull, lift, stack, or tier material,” an industrial standard incorporated into federal law. [read post]
27 Nov 2023, 9:34 am
In exchange, the nursing homes paid ROHM management fees. [read post]
27 Nov 2023, 9:00 am
In 2021, the Fifth Circuit considered whether, under the Affordable Care Act, Congress could incorporate the standards of the American Academy of Actuaries and the Actuarial Standards Board to determine whether a state's contracts with managed care organizations were "actuarially sound. [read post]
27 Nov 2023, 2:36 am
So I was surprised to find that Match.com had prevailed in the IPEC in its trade mark claim against Muslim-focused rival Musmatch back in April 2022 (see Volume 11), more than a decade after Musmatch launched.The Court of Appeal was invited to reach a different conclusion, but declined to do so. [read post]
26 Nov 2023, 6:40 pm
Thus, Caremark-related claims could potentially arise not only from legal non-compliance but also from inadequate risk management. [read post]
25 Nov 2023, 6:00 am
There is also a severity requirement, which is usually incorporated into that definition. [read post]
22 Nov 2023, 10:51 am
With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony. [read post]
21 Nov 2023, 3:15 pm
OCR’s review also revealed senior management at SRMC impermissibly shared details about the patient’s medical condition, diagnosis and treatment in an email to the entire workforce. [read post]
20 Nov 2023, 9:05 pm
A growing number of mental health apps may help fill this gap by providing tools for self-management and access to talk therapy. [read post]
20 Nov 2023, 2:51 pm
In September 2020, Uihlein joined the arbitration by filing an additional demand for arbitration that incorporated the Trust III claims and added an additional count for breach of contract. [read post]
16 Nov 2023, 4:10 pm
Krupski claims he also provided information to the U.S. [read post]
15 Nov 2023, 9:49 pm
Manage expectations. [read post]
14 Nov 2023, 9:39 am
" Likewise, § 53605(c) provides that "[s]taff members shall promote and incorporate culturally affirming DEIA and anti-racist principles to nurture and create a respectful, inclusive, and equitable learning and work environment. [read post]
US SEC charges SolarWinds and its CISO for alleged cybersecurity misstatements and controls failures
14 Nov 2023, 3:00 am
After an engineer pointed out to senior managers that the SDL section in its public statements was false, SolarWinds made a plan to incorporate and roll out an SDL. [read post]
13 Nov 2023, 1:37 pm
One more thing: Many companies are incorporated in Delaware, and the Delaware courts have made it very clear that individual officers—like CISOs—can be personally sued for breach of loyalty claims. [read post]
13 Nov 2023, 4:07 am
I recently had the privilege of speaking to an audience of judges of the New York Supreme Court Commercial Division at Fordham Law School’s Eileen Bransten Institute on Complex Commercial Litigation. [read post]
