(United States Ninth Circuit) - Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy drinks with defendant's line of "Freek" energy drinks is reversed where the district court abused its discretion in determining that plaintiff was likely to succeed on the merits, as a finding of a likelihood of confusion was clearly erroneous.

You have been sent a MALICIOUS file!

This phishing scammer decided to skip the normal mumbo jumbo and just send the phishing link.

(United States Ninth Circuit) - In putative class actions brought against ConAgra Foods in eleven states by consumers who purchased Wesson-brand cooking oil products labeled '100% Natural' during the relevant period, the district court's class certification is affirmed where the language of Federal Rule of Civil Procedure neither provides nor implies that demonstrating an administratively feasible way to identify class members is a prerequisite to class certification.

(United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder.

(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.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

Webshops draaien op volle toeren en het zoekgedrag is enorm veranderd. Het zijn ook vreemde tijden voor SEO-specialisten, iets wat we nog maar weinig meegemaakt hebben. Dit heeft een enorme impact op de manier waarop SEO-specialisten te werk moeten gaan. Samen met Jan-Willem Bobbink, Dieuwerke Antoons en Diantha van Surksum heb ik enkele tips neergetypt […]

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 […]

Moet je nu wel of niet over corona publiceren? Zijn consumenten verzadigd als het gaat om coronagerelateerde content, of kun je ze er juist mee helpen? Ik merk dat ik corona-content een beetje uit de weg ga. Over het algemeen word ik er niet veel vrolijker van, dus ik maak liever ruimte voor andere onderwerpen. […]

Amnesty advocates are working overtime to portray illegal migrants as heroic essential workers in the national campaign to contain China's coronavirus.

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.

(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.

Halo On The Radio Will Broadcast For Three Hours, Seven Days A Week.

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

Essential workers are being given a 20 percent discount on a luxury catamaran charter as a ‘thank you’ by Sail Bermuda for their work during the...

Essent Group Ltd. reported net income for the quarter ended March 31, 2020 of $149.5 million or $1.52 per diluted share, compared to $127.7 million...

Earlier this week, Premier David Burt sent a letter of condolence to the family of the late Speaker of the House of Assembly, Mr. Stanley W. Lowe,...

By Nicole Nixon

Update 6:25 p.m.

As California prepares to enter the first phase of its economic reopening, the state released new guidelines Thursday, both for businesses wanting to expand operations and for counties looking to loosen restrictions on residents.

Moving into phase two “does not mean a return to normal,” said California Health & Human Services Secretary Dr. Mark Ghaly. “We know that COVID-19 is still spreading.” 

Beginning Friday, some businesses in the retail, manufacturing and logistics sectors will be allowed to reopen, though retail stores can only provide curbside services.

Businesses have to meet a checklist before reopening. It includes:  

• Performing a detailed risk assessment and implement a site-specific protection plan
• Training employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them
• Implementing individual control measures and screenings
• Implementing disinfecting protocols
• Implementing physical distancing guidelines

Businesses will have to meet certain industry guidelines for COVID-19 safety as well. The guidelines instruct manufacturers to limit person-to-person contact during production by installing shelving or other “transfer-aiding materials,” for example.  

Retailers are encouraged to prioritize product delivery and pickup. They are also instructed to cut in-store maximum occupancy numbers by half.  

Still, some businesses are still being expressly prohibited from reopening during phase two, including bars, gyms, nail salons, movie theaters and theme parks.

Gov. Gavin Newsom said there’s a reason nail salons are not included in phase two: “This whole thing started in the state of California — the first community spread —  in a nail salon,” he said.

The infection happened despite sanitation measures normally seen in nail salons, including alcohol-based products and nail technicians wearing masks and gloves. 

“I’m very worried about that,” Newsom said. 

How counties can get approval to reopen

While some counties have pressured the governor to allow them to reopen their local economies more broadly, others — including Yuba, Sutter and Modoc counties — didn’t wait for permission. 

Counties and their local health officers are now being given latitude to allow some other sectors to reopen, including malls, car washes, pet grooming, offices and dine-in restaurants — if they meet strict criteria. 

It includes additional surge capacity in local hospitals, the ability to conduct a minimum 15 tests per 100,000 residents daily and going 14 days without a COVID-19 death in the county, among other things.

It could be a long time before more populous counties get there. Dr Peter Beilenson, director of health services in Sacramento County, said the county meets all criteria except for that and having enough contact tracers (15 tracers per 100,000 county residents). 

“We expect to have the appropriate amount of contact tracing staff within the next two weeks,” Beilenson said in a statement to CapRadio. “In the meantime, we encourage everyone to continue following the safe social distancing and other guidelines provided in the Public Health Order.”

Counties that do meet the criteria must consult with the California Department of Public Health and submit their own local reopening plans to the state. Those plans must include what sectors and public spaces the county will allow to reopen, and a contingency plan for modifying local health orders if the disease begins to spread. 

Last month, Newsom unveiled six key indicators that will help him decide when to move the state into each new phase of reopening. They include the state’s testing capacity, hospitalization rates and ability for businesses and public spaces to implement health measures like sanitation and social distancing, among other things. 

The governor noted that he may tighten the statewide stay-at-home order again if the disease begins spreading as restrictions loosen. 

The Orlando Based Wordsmith Has Dropped His Standout Single "The Run", Which Is Available On Soundcloud, Spotify And All Online Retailers Including ITunes, Tidal, Apple Music And Amazon.

NIE Presents: The Hsu-nami, Fuck Your Birthday, NegativeHate, Stereobird @ Santos Party House

For The Most Affluent Music Listeners In China, Live Events Are Even More Popular Than They Are In The U.S.

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

Chicago, IL Nolen Entertainment And Artist Brandon James Present Soulful Sunday's. The Show Will Take Place On Sunday, October 6th, At Reggie's Chicago 2105 S State St, Chicago, IL.

Registration Now Open For All Access Fest In Oct. 2019 The Nation’s Only Music Career Expo For Youth

Today on Insight, we check in with essential businesses that are thriving during the pandemic. Sacramento County Health Services director Dr. Peter Bielenson shares his thoughts on reopening and other safety protocols, and at-home pizza kits

Powered in part by billionaire investors, business titans and a few famous musicians, John Hickenlooper dominated the U.S. Senate race’s fundraising battle in the first three months of 2020.

A Denver judge ordered that U.S. Senate candidate Michelle Ferrigno Warren must be placed on the June 30 primary ballot, despite falling well short of the Colorado Secretary of State's usual signature requirement.

U.S. Senate candidate Lorena Garcia must be placed on the June 30 primary ballot, a Denver District Court judge ruled Thursday.

The Colorado Supreme Court on Monday overturned a lower court decision to put Senate candidate Michelle Ferrigno Warren's name on the June 30 Democratic primary ballot, siding with the Secretary of State's Office.

The Colorado Supreme Court has all but cemented a two-way Democratic primary for Colorado’s U.S. Senate seat in June between John Hickenlooper and Andrew Romanoff after reversing another Denver District Court decision. On Tuesday, the Supreme Court ruled that Democratic candidate Lorena Garcia shouldn’t be placed on the primary ballot because she didn’t collect enough […]

The Orlando Based Wordsmith Has Dropped His Standout Single "The Run", Which Is Available On Soundcloud, Spotify And All Online Retailers Including ITunes, Tidal, Apple Music And Amazon.

It Becomes Stunningly Clear That , The Latest Album From The Uncategorizable UK Ensemble , Is Meant To Take The Listener On A Journey.

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.

Acoustic & Lighting Systems And Arcadia Tech Are Now Representing The Company’s Products In These Key Territories.

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.

Canadian Producer Praised For His Artistry From Queen Latifah And Shania Twain

Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.

Live Nation and AEG Presents will offer refunds to ticketholders whose events have been canceled due to coronavirus.

"Darn good," one resident shouted from her window.

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.

Savastano Will Oversee Audits, Royalty Collection And Processing, Licensing, Copyright Issues, And All Other Copyright And Royalty Duties.

Employees on the front-lines of the coronavirus pandemic are truly essential. Employers must treat them as such.

(United States Second Circuit) - Affirmed. On appeal from his conviction of paying bribes to United Nations officials, Defendant argues the U.N. is not an “organization” within the meaning of the law and that the jury was not correctly instructed. Defendant's arguments fail on the merits.

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn

(United States First Circuit) - Affirmed the denial of habeas relief to a defendant who challenged his sentence under the Armed Career Criminal Act (ACCA). The defendant argued that his designation as an armed career criminal was unconstitutional under recent Supreme Court precedent, but the First Circuit disagreed, holding that current law still considers three of his convictions to be ACCA predicates.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

Body slams and pile drives can go on in the Sunshine State.

WWE started releasing professional wrestlers on Wednesday in budget cuts related to the coronavirus pandemic.