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Tag Archives: Vacates
D.C. Circuit Vacates SEC Sanctions, Says Negligent Omissions Are Not ‘Willful’ Under Advisers Act
On April 30, the U.S. Circuit Court of Appeals for the District of Columbia Circuit vacated a Securities and Exchange Commission order imposing sanctions. The court held that an investment advisory firm and its owners did not violate Section 207 of the … Continue reading
Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp
On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district court’s ruling that CalAmp had directly infringed certain patent claims asserted by … Continue reading
Posted in Intellectual Property
Tagged CalAmp, Circuit, Courts, district, Federal, findings, Infringement, Omega, Patents, Remands, Vacates, Willfulness
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South Carolina Court of Appeals Vacates Securities Commission Sanction for Lack of Due Process
In October 2018, the South Carolina Court of Appeals vacated a $540,000 civil penalty that the South Carolina Securities Commissioner had imposed against John M. McIntyre and his company, Silver Oak Land Management, LLC. The Commissioner imposed the penalty upon … Continue reading
Posted in Banking and Finance law
Tagged Appeals, Carolina, Commission, Court, lack, Process, Sanction, Securities, South, Vacates
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BRB Vacates Award for Pre-Controversion Attorney’s Fees in Hearing Loss Case
The Benefits Review Board (“BRB”) recently entered a Decision and Order reversing an Administrative Law Judge’s (ALJ) award of attorney’s fees on a disputed hearing loss case, Bary v. Global American Terminals, LLC (BRB No. 18-0237, November 8, 2018, unpublished). Bary v. … Continue reading
Posted in Admiralty-Maritime Law
Tagged Attorneys, award, case, Fees, Hearing, Loss, PreControversion, Vacates
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Fifth Circuit Vacates DOL Fiduciary Rule While SEC Pushes Forward with Goal of Fiduciary Duty Reform
On March 15, 2018, the United States Court of Appeals for the Fifth Circuit elected, in a 2-1 decision, to vacate the Department of Labor’s (DOL’s) Fiduciary Rule. In doing so, the Fifth Circuit overturned the Fiduciary Rule in its … Continue reading