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29 Dec 2022, 5:09 am by jonathanturley
‘In these circumstances, it is for the jury to determine whether an ordinary reader would have understood the article as a factual assertion…’” Kahn v. [read post]
28 Nov 2022, 11:48 am by William B. Gould IV
My writings about the third of the above themes did not take form until ‘Organized Labor, the Supreme Court, and Harris v Quinn: Déjà Vu All Over Again? [read post]
28 Nov 2022, 4:23 am by Andrew Lavoott Bluestone
” “The statute of limitations for a cause of action to recover damages for legal malpractice is three years (see CPLR 214[6]; Tulino v Hiller, P.C., 202 AD3d at 1135), which accrues at the time the malpractice is committed, not when the client discovers it (see Shumsky v Eisenstein, 96 NY2d 164, 166; Goodman v Weiss, Zarett, Brofman, Sonneklar & Levy, P.C., 199 AD3d 659, 661; Sclafani v Kahn, 169 AD3d 846, 848). [read post]
15 Nov 2022, 5:56 am by Jonathan Hafetz
Then, when the Supreme Court effectively confirmed that CIA black sites were unlawful in 2006 by ruling in Hamdan v. [read post]
Sep. 1, 2022)Under the so-called MFW framework, a transaction with a controller is subject to business judgment review, rather than the more exacting entire fairness review, if the transaction satisfies all six procedural protections elaborated in Kahn v. [read post]
19 Sep 2022, 8:52 am by Erik W. Weibust
As we have previously written in Law360, it is questionable whether the FTC even has the authority to regulate, much less prohibit, noncompetes, particularly following the Supreme Court’s decision in West Virginia v. [read post]
8 Aug 2022, 5:00 pm by Francis Pileggi
The ruling called on the Chancery Court to apply the Delaware Supreme Court’s milestone MFW opinion, which set out the six conditions that could exempt a controller’s transaction from the heightened scrutiny of review under the exacting entire fairness standard announced in Kahn v. [read post]
2 Aug 2022, 7:14 am by John Jascob
However, the defendants had attempted to follow the Delaware Supreme Court’s framework from Kahn v. [read post]