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The Seventh Circuit adopted the Supreme Court’s “Safeco standard for scienter” arising out of the 2007 decision in Safeco Insurance Co. of America v. [read post]
Taamneh, meanwhile, focused on the substantive matter of platforms’ potential ATA and JASTA liability. [read post]
19 May 2023, 7:45 am by Gabriel Greif
All in all, the Appellate District’s opinion is deeply confusing, even to the parties that will soon be arguing in favor of the ruling to the California Supreme Court. [read post]
19 May 2023, 5:01 am by Anthony Sanders
For other regulations you might have to abide by, such as fire restrictions, litter control, or food safety rules, the story could be very different. [read post]
19 May 2023, 12:00 am by Barbara van Schewick
It has allowed everyone – no matter the color of their skin or the size of their wallet – to develop new apps and services or share their ideas with anyone on the Internet at low cost, creating the most powerful communication, educational, and economic engine the world has ever seen. [read post]
18 May 2023, 1:21 pm by Eric Goldman
The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. [read post]
18 May 2023, 6:30 am by Guest Blogger
As Jack Balkin suggests, one can distinguish emergencies from constitutional crises if the former are not perceived as presenting any genuine problems for the continued overall operation of the constitutional system because the constitution presents a tolerable way of handling emergencies even if that means some adjustment—or even suspension—of ordinary legal rules. [read post]
17 May 2023, 7:51 am by Mariah Bowman
”[49] Specifically, the pillar hopes to implement anti-corruption and tax strategies to improve the flow of commerce and trade.[50] Further, it is imperative that rules are created, whether regionally or internationally, to accommodate the growing opportunities in the digital economy. [read post]
17 May 2023, 5:16 am by Eugenia Lostri
On May 8, the committee adopted its final report and recommendations after a year of work. [read post]
16 May 2023, 9:01 pm by renholding
The SEC order noted that GSAM violated Section 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-7, requiring a registered investment adviser to adopt and implement written compliance policies and procedures reasonably designed to prevent violations of the Advisers Act and the rules thereunder. [read post]
16 May 2023, 10:48 am by Greg Lambert and Marlene Gebauer
And so it’s I think it’s just a matter of, you know, we started seriously talking about killing the billable hour in 2008. [read post]
16 May 2023, 6:55 am by Jay R. McDaniel, Esq.
  Moreover, because the RULLCA is a uniform act, interpretations of courts in other states that have adopted the uniform law should matter. [read post]
16 May 2023, 6:30 am by Guest Blogger
 What these case studies tell is us that most emergencies tend to follow a common trajectory, no matter what their initial trigger. [read post]
16 May 2023, 4:00 am by Eric Segall
Because the state court has the final say on state law claims, no matter what the Supreme Court would say on the non-state claims, the plaintiff still wins and the defendant still loses. [read post]
” The OHA also stated: The rationale for the rule when it was adopted was that COVID-19 was likely to be transmitted in these congregate settings, placing vulnerable persons at risk. [read post]
15 May 2023, 10:57 am by Amy Howe
Court of Appeals for the 11th Circuit ruled that Kenneth Smith, a prisoner in Alabama, had met that requirement by pointing to a state law adopting nitrogen hypoxia as an alternative to lethal injection. [read post]
15 May 2023, 7:49 am by Dan Farber
They adopted an initiative banning the sale of such pork in the state. [read post]