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3 May 2024, 8:38 am by Eric Goldman
With that relaxed scienter standard, which essentially becomes an objective standard instead of Rossi’s subjective scienter standard, Action Care survives the motion to dismiss: a DMCA notice submitter like MFB must proactively consider the potential that similarities in materials are unprotectable. [read post]
10 Mar 2024, 5:04 pm by INFORRM
On 7-8 March 2024, there was a hearing in the data protection case of Lynch v Serious Fraud Office KB-2024-000237. [read post]
11 Jan 2024, 6:51 am by Dan Bressler
C. 1.7] provides that a conflict of interest exists if there is a ‘significant risk that a lawyer’s ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer’s other responsibilities or interests.'” “The Supreme Judicial Court observed in Maling v. [read post]
20 Dec 2023, 5:00 am by Public Employment Law Press
Corp. v Chem Bank, 78 NY2d 371, 377-378, quoting Rossi, 73 NY2d at 593-594).*** Other examples of such statutory exemptions: Education Law, §1127 - Confidentiality of records; §33.13, Mental Hygiene Law - Clinical records; confidentiality.Click HERE to access the decision of the Court of Appeals posted on the Internet. [read post]
20 Dec 2023, 5:00 am by Public Employment Law Press
Corp. v Chem Bank, 78 NY2d 371, 377-378, quoting Rossi, 73 NY2d at 593-594).*** Other examples of such statutory exemptions: Education Law, §1127 - Confidentiality of records; §33.13, Mental Hygiene Law - Clinical records; confidentiality.Click HERE to access the decision of the Court of Appeals posted on the Internet. [read post]
12 Dec 2023, 6:57 pm by Jacob Katz Cogan
The International Adjudication of Environmental Disputes 30 Years Later Riccardo Luporini, Climate Change Litigation before International Human Rights Bodies: Insights from Daniel Billy et al. v. [read post]
13 Jun 2023, 7:55 am by Daniel Carpenter-Gold
Yesterday, the UCLA Environmental Law Clinic filed a brief in the California Restaurant Association v. [read post]
11 Dec 2022, 9:56 am by Nedim Malovic
As a result, proof use of the earlier mark in the UK should be disregarded.Background In 2018, Mr Massimo Carlo Alberto Rossi, Mr Salvatore Vacante, and Shoppi Ltd (the interveners) successfully registered the following figurative mark as an EUTM:Registration was obtained for goods and services in Classes 9 (application software, e-commerce software, mobile apps), 35 (advertising analysis), and 38 (photo uploading services, digital transmission of data, message services) of the Nice… [read post]
18 Aug 2022, 9:49 am by Eric Goldman
” If willful blindness becomes the prevailing scienter standard for 512(f) cases, that would be noteworthy because  (as I wrote in my prior post) it would “open up the door for the judge to evaluate the defendant’s behavior objectively despite the Rossi case. [read post]