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1 Jun 2023, 1:28 pm by Kevin LaCroix
Supreme Court’s opinion in Slack “SCOTUS Bars Section 11 Claims Based on Direct Listing” (here), adding in the text of the memo that  “the Court held that Section 11 liability does not apply to directly listed shares. [read post]
1 Jun 2023, 12:37 pm by Eugene Volokh
" "If the comment does contain a description of an ultimate sex act, it is also necessary to examine the content of said description to determine whether it is patently offensive, offensive but not patently so, or not offensive at all. [read post]
But the First Amendment does not stand in the way of modest efforts to encourage civility on college campuses. [read post]
1 Jun 2023, 12:05 pm by Robert C. White Jr.
The exemption does not eliminate the potential fines or disgorgement requirements for violations of Section 15(a). [read post]
The ACLU brought the lawsuit on behalf of two families, known as the Poe and Doe families, who both have transgender children currently receiving  gender-affirming care in Idaho. [read post]
1 Jun 2023, 11:25 am by Michael Oykhman
In simpler terms, as put in R v Rabey, 1977 CanLII 48 (ONCA), “it means an unconscious involuntary act where the mind does not go with what is being done”. [read post]
1 Jun 2023, 11:15 am by Michael Oykhman
If the jurisdiction falls outside of Canada, then the Criminal Code of Canada does not apply. [read post]
1 Jun 2023, 11:04 am by Michael Oykhman
In simpler terms, as put in R v Rabey, 1977 CanLII 48 (ONCA), “it means an unconscious involuntary act where the mind does not go with what is being done”. [read post]
1 Jun 2023, 11:03 am by Francis Pileggi
  The opinion’s judicial guidance is especially important in light of a recent trend in Delaware Court of Chancery decisions that employ more scrutiny, often sua sponte, in the service of jealously guarding (understandably) the famously limited subject matter jurisdiction of the Court of Chancery–which, many will be surprised to know, does not always always include requests for a permanent injunction. [read post]
1 Jun 2023, 11:02 am by Daniel M. Kowalski
The BIA noted the hardship of the children in Matter of Recinas as follows: “The respondent’s ability to provide for the needs of her family will be severely hampered by the fact that she does not have any family in Mexico who can help care for her six children. [read post]
1 Jun 2023, 11:02 am by Benjamin Wanger and Pierce T. Cox
The Department’s recent notice does not address enforcement in cases where there has been a data breach or system compromise. [read post]
1 Jun 2023, 10:56 am by Eugene Volokh
And I think the legal system does indeed usually recognize it, though not completely consistently, and without a recognition that the right transcends various legal doctrines. [read post]
1 Jun 2023, 10:51 am by Seyfarth Shaw LLP
It has been hornbook law since the early days of the FLSA that disregarding small increments of otherwise compensable time does not give rise to back overtime liability under the de minimis doctrine. [read post]
1 Jun 2023, 10:38 am by Michael Oykhman
The courts also balance the aspect of public safety and will examine whether the accused person poses a risk to others if the conviction does not remain on their criminal record. [read post]
1 Jun 2023, 10:00 am by Guest Author
  The Order does not mention prompt letters, but it is hard to read it without thinking about how the datafication of petitions through agency logs could be used to bring prompt letters back, and in more effective form. [read post]
1 Jun 2023, 10:00 am by Eric Caligiuri
The Court reasoned that since GoTV has disclosed the name of the litigation funder and provided “all the assignments of the asserted patents,” there does not appear to be any basis for seeking other materials related to the litigation funder. [read post]
1 Jun 2023, 9:40 am by Matthew Dochnal
Does a Delaware LLC Need to Register in New York? [read post]