Tag Archives: Reaffirms

Recent Florida Federal Court Decision Reaffirms “Publication” Requirement for CGL Coverage for Data Breaches

By Eric Stern and Andrew Lipkowitz  As an update to our New York Law Journal Article from March 5, 2018, a recent decision from the U.S. District Court, Middle District of Florida, reaffirms the rule (followed by several other courts), … Continue reading

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Amended 9th Cir. opinion reaffirms deceived consumer's standing to seek injunctive relief

Davidson v. Kimberly–Clark Corp., 889 F.3d 956 (9thCir. 2018) (amended)Previous discussion.  Previously misled consumers may properly allege a threat of imminent or actual harm sufficient to confer Article III standing to seek injunctive relief. “A consumer’s inability to rely on … Continue reading

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[Eugene Volokh] Court Reaffirms: H.S. Athlete Likely Has Right to Kneel During National Anthem

I blogged about this case last week, when a temporary restraining order was issued; yesterday, the court issued a longer-term preliminary injunction, with a longer discussion — here's the key analysis: Plaintiff is a high school senior at San Pasqual … Continue reading

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Supreme Court Reaffirms At-Will Employment

A little over a year ago I wrote about the Court of Appeals' decision in Berry v. Liberty Holdings, Inc. In that decision the Court of Appeals determined that Iowa's comparative fault statute was a basis for a public policy … Continue reading

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Supreme Court Reaffirms Historic Total Mix Test for Rule 10b-5 Materiality, Rejects Bright-Line Rule as SEC Urged

Rejecting a bright line test for Rule 10b-5 materiality, the US Supreme Court ruled unanimously that an investor can state a claim under Rule 10b-5 based on a pharmaceutical company's nondisclosure of adverse event reports about a drug even though … Continue reading

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