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Zanelli v. McGrath

(California Court of Appeal) - In a property matter, judgment quieting title to an adjacent property owned by defendant is affirmed where the easement benefiting plaintiff and burdening defendant was extinguished by merger.




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Crescent/Mach I Partners L.P. v. Dr. Pepper Bottling Co. of Texas

(Supreme Court of Delaware) - In a statutory appraisal action arising from an acquisition by merger, an order modifying the appraisal opinion is reversed where the dispute had become moot by operation of a settlement agreement, and the purported modification of the appraisal opinion therefore had no legal effect.




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UPMC-Braddock Hosp. v. Sebelius

(United States Third Circuit) - District court's grant of summary judgment in favor of the Secretary of the United States Department of Health and Human Services, denying a reimbursement claim for loss on depreciable assets resulting from a merger between two non-profit medical corporations is vacated and remanded where: 1) the Secretary's interpretation of the related party regulations, requiring examination of whether the parties were related pre- and post-merger, is contrary to the plain language of the regulations, and under the proper, pre-merger test, the parties were not related at the time of the transaction; and 2) the district court's determination that the merger was not a bona fide sale was not based on substantial evidence, in light of errors made in determining the value of certain assets.




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In re: Omnicom Group, Inc. Secs. Litig.

(United States Second Circuit) - In a securities class action alleging that defendants fraudulently accounted for a transaction, summary judgment for defendants is affirmed where: 1) plaintiffs failed to prove loss causation because their expert's testimony did not suffice to draw the requisite causal connection between the information in the article at issue and the fraud alleged in the complaint; and 2) the generalized investor reaction of concern causing a temporary share price decline was far too tenuously connected -- indeed, by a metaphoric thread -- to the transaction to support liability.




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St. Luke's Hosp. v. Sebelius

(United States DC Circuit) - In an action challenging the Secretary of Health and Human Services' denial of plaintiff's claim for reimbursement regarding a $2.9 million loss allegedly incurred by a Medicare provider when it merged with plaintiff through a "statutory merger," summary judgment for defendant is affirmed where: 1) the parties involved bargained in good faith and the consideration tendered reasonably reflected fair market value; and 2) the Secretary's application of the reasonable consideration requirement to the merger was not an impermissible retroactive imposition of a new standard as set out in PM A-00-76.




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VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II

(United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement.




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NAF Holdings, LLC v. Li & Fund (Trading) Limited

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.




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North Valley Mall LLC v. Longs Drug Stores California LLC

(California Court of Appeal) - Affirmed summary judgment in favor of two drug store chains in a dispute with a shopping mall over common area maintenance fees. The case raised questions about real property rights and reverse triangular mergers.



  • M&A
  • Property Law & Real Estate

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Emotional Debris Release New Singles 'Hey Roman' & 'California Song'

Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood'




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The Indie Spotify Bible - Contact Information For Over 3000 Spotify Playlists!

Each Playlist Is Categorized By GENRE So You Can Easily Contact The Curators




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In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




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Califonia Communities Against Toxics v. Environmental Protection Agency

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.




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Christensen v. Lightbourne

(Supreme Court of California) - Affirmed. The Appeals court held that the current policy of the California Department of Social Services treating court-ordered child support as income and using the same funds twice as income for both the paying household and the receiving household does not violate the Welfare and Institutions Code section 11005.5.




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Cal. Public Records Research, Inc. v. County of Alameda

(California Court of Appeal) - Reversed. Plaintiff brought a petition for writ of mandate claiming the fee charged by Defendant, County of Alameda, for copies of official records violated Government Code section 27366. Trial court granted petition and issued a preliminary injunction against Defendant and awarded attorney fees to Plaintiff. Appeals court found that the County did not abuse its discretion in determining the fee it charged or that section 27366 was violated.




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Higgs v. US State Park Police

(United States Seventh Circuit) - Affirmed. The FBI's refusal to turn over materials relating to the investigation of a murder on state park land that would violate the personal privacy of third parties and would disclose the identity of a confidential source was proper.




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Merzbow Joins Forces With Haino And Pandi On Blisteringly Intense Improv 'Become The Discovered, Not The Discoverer' On RareNoiseRecords

Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords




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DIVINE ASTRONAUT ELECTRO DUO ANNOUNCE LAUNCH. LISTEN TO TEASER FOR ‘UNDONE’

LA Based Electro Duo Divine Astronaut Announce The Launch Of Their New Musical Act With A Teaser Video Of Their Upcoming Single Release ‘Undone’.




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Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd.

(United States Federal Circuit) - Affirming in part and reversing in part the inter partes review decision of the US Patent and Trademark Office Patent Trial and Appeal Bard holding claims for methods of distributing nitric oxide gas cylinders for pharmaceutical applications used in treating respiratory failure as unpatentable as obvious because, while the Board didn't err as to most of the rulings, it did as to one.




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Oliver v. Secretary of Health and Human Services

(United States Federal Circuit) - Affirmed that vaccinations given to an infant did not cause him to develop a seizure condition. The parents of an infant who developed an illness called Dravet syndrome after being vaccinated sued the Secretary of Health and Human Services for compensation under the National Childhood Vaccine Injury Act of 1986. Agreeing with the findings of the U.S. Court of Federal Claims, the Federal Circuit held in a 2-1 decision that the parents failed to show that the infant's injuries were caused by his vaccinations.




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Lifewatch Services Inc. v. Highmark Inc.

(United States Third Circuit) - Reinstated a medical device seller's claim that certain Blue Cross Blue Shield health insurance companies violated antitrust law by unreasonably restraining trade in the national market for outpatient cardiac monitors. The seller of a cardiac monitoring device contended that it was shut out of the market because the defendants conspired to deny insurance coverage for its product to shield themselves from patient demand for it. Holding that the seller stated a claim under section 1 of the Sherman Act, the Third Circuit reversed dismissal of the complaint and remanded for further proceedings.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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University of California v. Broad Institute, Inc.

(United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others.




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Wordt AI nooit slimmer dan mensen?

Gaan we in de toekomst machines uitvinden die zichzelf verbeteren, waardoor we geen controle meer hebben over de technologische groei? Dit omslagpunt wordt ook wel singulariteit genoemd. In dit stuk ga ik verder in wat hiermee bedoeld wordt én waarom we dit misschien nooit zullen bereiken. Optimisme versus pessimisme Er heerst zowel optimisme als pessimisme […]




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Bedrijfsupdates tijdens corona: zo blijf je zichtbaar in Google

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]




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Het platform als podium: de voordelen van online ontmoeten

Sectoren die nu nog offline only acteren komen meer en meer onder druk te staan. Na het verdwijnen van hele winkelketens en het op de schop nemen van volledige branches is de digitale revolutie op weg om ook de wereld van zakelijke events en B2B-beurzen te ‘disrupten’. Het stevige podium dat de beursvloer biedt is […]




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Wanneer kies je voor online bij het bereiken & betrekken van inwoners?

Van gemeenten wordt anno 2020 verwacht dat zij inwoners betrekken bij participatietrajecten, zijzelf dienen vooral een faciliterende rol op zich te nemen. Maar hoe maak je als gemeente hierin de juiste keuzes: organiseer je een fysieke bewonersbijeenkomst of kies je voor een online raadpleging? Uit het onlangs gepubliceerde onderzoek ‘Staat van Betrokkenheid 2020’ van onderzoeks- […]




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Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration'

Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it.




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Charles Hurt: 'Demand Justice' Fight Back -- Against Judges Who Like the Constitution

Anti-democratic Democrats opened up a new front in their relentless war on an independent judiciary in America.




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Exclusive--Ken Cuccinelli: 8-in-10 Border Crossers Deported in 2 Hours During Coronavirus

Acting Department of Homeland Security (DHS) Deputy Secretary Ken Cuccinelli says border crossers are being almost immediately returned to Mexico after their crossing into the United States. 




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Hans von Spakovsky: Flynn Still Needs Liberal Judge to Accept Dropped Charges

Discretion over acceptance of the DOJ's bid to drop charges against Michael Flynn lies with a left-wing judge, explained Hans von Spakovsky.




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Tom Fitton: Michael Flynn Got Justice Because He had Lawyers Willing to Push Back Against DOJ, FBI

President of Judicial Watch Tom Fitton told Breitbart News that General Michael Flynn only got justice because he had lawyers who "insisted upon it" and pushed back "against the entire political class" in Washington, D.C.




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Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk'

Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history."




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Trump Campaign Slams California's Vote-by-Mail Order: 'Wide-Open Opportunity for Fraud'  

President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 




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California: Gavin Newsom Orders Vote-by-Mail for November Election

California Gov. Gavin Newsom (D) on Friday signed an executive order permitting all registered voters in the Golden State to vote by mail in the upcoming presidential election, citing health concerns stemming from the Chinese coronavirus epidemic.




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UK Education Office Argues Christians Should Limit Their Beliefs to Church

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.




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Chechen Migrant Drags French Policeman Over 60 Feet to Escape Virus Check

A Chechen migrant was arrested in the commune of Montereau-Fault-Yonne after dragging a police officer 60 feet with his vehicle while trying to escape a Wuhan coronavirus lockdown checkpoint.




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Italian Nurse on Coronavirus Frontline Raped by Illegal Migrant After Her Shift

An Italian nurse working on the frontline against the Chinese coronavirus was brutally sexually assaulted by an African migrant after finishing her shift and heading to her home.




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Queen Elizabeth Honours War Dead: 'They Died So We Could Live as Free People'

Queen Elizabeth II marked the 75th anniversary of Victory in Europe Day with an address to the British Commonwealth honouring the sacrifice of the fallen.




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Delingpole: Michael Moore Has Become a 'Hero' to 'Climate Deniers', Complains Guardian

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.




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Little Richard, Grammy-Winning Rock Music Legend, Dies at 87

NASHVILLE, Tenn. (AP) — Little Richard, the self-proclaimed “architect of rock ‘n’ roll” whose piercing wail, pounding piano and towering pompadour irrevocably altered popular music while introducing black R&B to white America, has died Saturday. He was 87.




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Finally: Police Drop Investigation Into Working-Class Brexiteer Darren Grimes

London's Metropolitan Police have finally dropped their investigations into working-class Brexit campaigner Darren Grimes and Vote Leave's Alan Halsall, in another defeat for the supposedly neutral Electoral Commission.





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Afghanistan Has Freed over 900 Taliban Jihadis So Far in Prisoner Swap

Afghanistan's government has freed 933 Taliban prisoners since the terrorists agreed to a peace deal with the U.S. in February, Pakistani newspaper Dawn reported on Friday.




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Despite Reported Under-Counts, Mexico Surpasses 3,100 Coronavirus Fatalities

Mexican health officials admitted to surpassing 3,100 COVID-19 related-deaths as cases continue to rise nationwide. The reports come despite repeated accusations of the government downplaying the true scope of the coronavirus pandemic







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73 Percent of U.S. Adults Say China Bears Responsibility for American Coronavirus Deaths

Nearly three-fourths of U.S. adults say China bears responsibility for American coronavirus deaths, a Morning Consult tracker poll released Friday revealed.




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Mavrix Photographs, LLC. v LiveJournal, Inc.

(United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents.




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Elliot v. Google, Inc.

(United States Ninth Circuit) - In an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic, the district court's summary judgment in favor of defendant Google is affirmed where: 1) a claim of genericness or 'genericide,' where the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source, must be made with regard to a particular type of good or service; 2) the district court thus correctly focused on internet search engines rather than the 'act' of searching the internet; and 3) the verb use of the word 'google' to mean 'search the internet,' as opposed to adjective use, did not automatically constitute generic use.




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Packingham v. North Carolina

(United States Supreme Court) - Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. C. Gen. Stat. Ann. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment.