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27 Oct 2023, 11:44 am
Cf. [read post]
25 Oct 2023, 9:01 pm
The Barr Report concluded that SVB’s failure was primarily the result of mistakes made by SVB’s “senior management … to manage basic interest rate and liquidity risk” and the lack of effective oversight by SVB’s board of directors.6 A recent report by a group of bank regulatory experts at the Center for Financial Stability led by Sheila Bair (CFS Report), the Chair of the Federal Deposit Insurance Corporation (FDIC) during the 2008 Great… [read post]
25 Oct 2023, 2:33 pm
App. 2020) (complaints by one condominium complex resident against another, even though they were "voiced in an intemperate, crude, and uncivil manner," did not entitle the resident to an injunction); cf. [read post]
25 Oct 2023, 10:00 am
Many people with chronic fatigue syndrome (CFS) or other chronic fatigue conditions rely on LTD benefits from a disability insurance company. [read post]
24 Oct 2023, 3:05 am
While the Commission’s February 2018 guidance regarding timely disclosure of cybersecurity incidents has now been clearly superseded by the adoption of new Item 1.05 of Form 8-K, the rest of the collective Staff and Commission guidance from CF Disclosure Guidance Topic No. 2 and Release No. 33-10459 continues to live on. [read post]
17 Oct 2023, 3:38 pm
Pix credit here For those of you who have been following my step by step encounter with Jan Broekman's path-breaking book, Knowledge in Change: The Semiotics of Cognition and Conversation (Cham, Switzerland: Springer Nature, 2023), I am happy to announce that the entire work is now ready for review as a discussion draft.The abstract described my intentions: Humans create but do not regulate generative systems of data based programs (so-called… [read post]
11 Oct 2023, 6:30 am
Judges’ readings of the constitutional essentials must be “legalistic” – they must be based on “legal grounds of precedent and recognized canons of statutory construction” (CE 86, quoting Rawls; cf. [read post]
11 Oct 2023, 6:21 am
To my great delight, I was asked to review Jan Broekman's brilliant new work, Knowledge in Change: The Semiotics of Cognition and Conversation (Springer Nature, 2023). [read post]
10 Oct 2023, 8:28 pm
Strickland, 318 N.C. 653, 656, 351 S.E.2d 281, 283 (1987) (same); cf. [read post]
6 Oct 2023, 12:58 am
In essence, EUIPO argued that the GC had deprived the BoA of its inherent and specific powers and undermined the BoA’s exclusive jurisdiction to review EUIPO’s decision, “arrogating to itself the power to review the examiner’s decisions which is inherent to the BoA” (cf §24 of the order in case C-93/23). [read post]
2 Oct 2023, 1:11 am
As interpreted by the Boards of Appeal so far, what G 2/21 did do was to clarify that a technical effect relied on for inventive step does not need to be disclosed in the application as filed (Cf. [read post]
29 Sep 2023, 2:52 am
The Board of Appeal instead reiterated the common EPO view that it is generally routine to make new antibodies to a known target (r. 34) (Cf. [read post]
26 Sep 2023, 4:56 am
The law known as the “Little” Tucker Act authorizes federal district courts to entertain small dollar civil claims against the United States, “in cases not sounding in tort. [read post]
20 Sep 2023, 4:02 am
Cf: Restatement, Torts, § 322. [read post]
18 Sep 2023, 10:30 pm
Blogpost 39/2023 On July 4th 2023, the European Court of Human Rights (ECtHR) handed in its first judgement on the use of facial recognition (FR) in law enforcement. [read post]
14 Sep 2023, 9:21 am
But cf the thought-provoking points made in A Hui – F Dohl, ‘Collateral damage: reuse in the arts and the new role of quotation provisions in countries with free use provisions after the ECJ’s Pelham, Funke Medien and Spiegel Online judgments’ (2021) 52(7) IIC 852, 883-885.)In addition, by regarding the ‘fair balance’ mandate as a general principle of EU law, the Italian Supreme Court identified a trend towards a greater visibility of the EU Charter and… [read post]
14 Sep 2023, 3:39 am
The pastiche exception could be understood as a general exception for artistic freedom, which is necessary because artistic freedom alone cannot be given the necessary scope in all cases due to the immanent limitation of the scope of protection of exploitation rights to a use of works and performances in a recognisable form (cf. [read post]
13 Sep 2023, 9:05 pm
“Yet for over 50 years, most factory farms have evaded Clean Water Act regulation altogether,” according to CFS’s statement. [read post]
13 Sep 2023, 5:38 am
[A long history of amending resolutions with legal effect.] [read post]
8 Sep 2023, 5:22 am
A court can find malpractice absent expert testimony where the ordinary experience of the fact finder provides a sufficient basis for judging the adequacy of the professional service (Estate of Nevelson v Carro, Spanbock, Kaster & Cuiffo, 259 AD2d 282, 283 [1st Dept 1999]; cf. [read post]