Tag Archives: Actual

Italy’s Regional Tax Court Denies Dividend Withholding Tax Exemption In the Absence Of Actual Taxation In the Country of Residence

By way of ruling n. 55/6/2019 filed on January 21, 2019, the Regional Tax Court of Abruzzo held that no withholding tax exemption under the EU Parent-Subsidiary Directive applies, unless the EU parent company proves that it has been “materially … Continue reading

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survey isn't evidence of actual deception, court says in First Amendment case w/TM relevance

Express Oil Change, L.L.C v. Mississippi Board of Licensure for Professional Engineers & Surveyors, No. 18-60144 (5th Cir. Feb. 19, 2019) Just as a matter of client advocacy, it is time for these First Amendment cases about the government’s near-inability … Continue reading

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Actual Malice Toward “Actual Malice”? Why One Supreme Court Justice Wants to Roll Back a Half-Century of First Amendment Jurisprudence.

Justice Clarence Thomas stunned court watchers last week when he went out of his way to urge his fellow jurists to reconsider New York Times v. Sullivan, 376 U.S. 254 (1964), a cornerstone of First Amendment jurisprudence for more than … Continue reading

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Illinois Supreme Court Rules That Actual Damages Are Not Necessary Under the Illinois Biometric Information Privacy Act

The Illinois Supreme Court’s Ruling On January 25, 2019, the Illinois Supreme Court issued its long awaited opinion in Rosenbach v. Six Flags Entertainment Corp, ruling that the Illinois Biometric Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) does not … Continue reading

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Actual Injury Unnecessary to Sue Under Illinois Biometric Law

The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois Biometric Information Privacy Act (“BIPA”). We have … Continue reading

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