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'Capital in the Twenty-First Century' director explains the post-coronavirus economy: 'I think the damage is done'

When director Justin Pemberton began screening his new documentary at film festivals in 2019, the movie’s warnings of another financial meltdown seemed like a far-off problem. But then the coronavirus pandemic sent the global economy into a tailspin.





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Live animal mascots: Cute or exploitative?

Animal rights activists have repeatedly called for college sports teams to stop using real animals as their mascots. Are these complaints fair or an overreaction?





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IBM mobile web application helps City of Nettuno, Italy become smarter. Visitors and residents with disabilities can navigate historic city more easily.

The City of Nettuno worked with IBM Human-Centric Solutions (HCS) to develop an interactive service providing real-time accessibility information via a smartphone application. Called "Accessibility City Tag" (ACT!), the service allows residents or visitors with disabilities to view accessibility information about Nettuno points of interest, filtered by their particular disability type, on their smart phone.




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Toward a Smarter Planet: Minding the Digital Gap for Our Aging Population

Given enough attention, a browser that closes the digital divide between us and our older generation could soon become a reality.




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A new vision for 'social security'. Home healthcare smart sensors help keep Italian seniors living in place.

Faced with a stagnant, 10-year budget forecast, restricted resources and the need to address healthcare and safety needs of a rapidly growing percentage of healthy citizens over the age of 70, city leaders got creative. Partnering with IBM, TIS Innovation Park, the technological park of Bolzano, and Dr. Hein GmbH, the city sponsored the Secure Living project to help seniors safely 'age in place' at home.




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Innovation for the People of a Smarter Planet: IBM Human Centric Solutions Center is making a difference for Italian seniors aging at home in Bolzano.

An IBM Smarter Cities team led by the IBM Human Centric Solutions Center partnered with Bolzano city planners to answer the question "Can we use technology to guarantee a good quality of life for our aging population?" And the answer is a resounding "yes."




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Upgrade: Analysts Just Made A Captivating Increase To Their Meritage Homes Corporation (NYSE:MTH) Forecasts

Shareholders in Meritage Homes Corporation (NYSE:MTH) may be thrilled to learn that the analysts have just delivered a...





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Virtual Thinker? TikTok Challenge? UofL honors 2020 graduates with "digital-first" celebration

UofL honors 2020 graduates with "digital-first" celebrationPR NewswireLOUISVILLE, Ky., May 9, 2020 /PRNewswire/ -- University of Louisville graduates celebrated by posting their dance moves on TikTok.





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2020 Qingdao Global Venture Capital Online Conference Kicks Off

Sponsored by the People's Government of Qingdao, the 2020 Qingdao·Global Venture Capital Online Conference themed "A New Platform for International Cooperation, A New Opportunity for Technological Innovation" kicked off at Qingdao International Convention Center on May 8. A host of Chinese and overseas experts and scholars from the investment community, industrial circle and academia and entrepreneurs from around the globe joined the "cloud dialogue" through a "face-to-face" plus "screen-to-screen" mode to seek cooperation and share their insights on future development.





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Pangea Capital Management, LLC v. Lakian

(United States Second Circuit) - Affirmed. Defendant is a divorced spouse who holds an interest in property that Plaintiff obtained a judgment lien against the other spouse’s interest. Plaintiff argued that Defendant’s interest was subordinate to Plaintiff’s interest. The trial court held that Defendant’s interest vested upon the entry of the judgment of divorce and that Plaintiff could execute only against the other spouse’s interest.




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Behrmann v. National Heritage Foundation, Inc.

(United States Fourth Circuit) - District Court affirmance of bankruptcy court order confirming Chapter 11 reorganization plan of nonprofit public charity is vacated and case remanded where: 1) bankruptcy court did not make specific factual findings explaining why it approved and included certain release, injunction, and exculpation provisions applicable to nondebtors; and 2) appeal was not equitably moot.




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Stone Creek, Inc. v. Omnia Italian Design, Inc.

(United States Ninth Circuit) - Affirming that a 1999 amendment to trademark statutes did not eliminate the plaintiff's requirement that they establish wilfulness to justify the award of defendant's profits in a trademark infringement case, but reversing the holding that the defendant's mark was not likely to cause confusion and remanding for inquiry into intent.




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Celebrate Global Accessibility Awareness Day with GDS - Government Digital Service

RT @antimega: At @GDSTeam we’re running a number of online events for Global Accessibility Awareness Day on 21 May - please join us! #accessibility #AccessibilityRegulations




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COVID Update – Focus on Vitamin D | Dr. Malcolm Kendrick

More importantly right now, does a higher level of vitamin D enable you to fight off infections such as influenza and COVID? Of course, as I stated at the beginning, in the middle of the COVID maelstrom, people are claiming everything about everything.




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Web Vitals




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New Banksy art unveiled at hospital to thank doctors, nurses




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In re Maatita

(United States Federal Circuit) - Held that a patent application covering the design of an athletic shoe bottom should not have been rejected. The applicant argued that the patent claim met the enablement and definiteness requirements even though it used a single two-dimensional plan-view drawing to disclose the shoe bottom design. Agreeing that a designer of ordinary skill in the art would be able to make comparisons for infringement purposes, the Federal Circuit reversed the Patent Trial and Appeal Board's rejection of the patent claim.




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Report: Liverpool hesitating over Werner move due to pandemic




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Somers v. Digital Realty Trust Inc.

(United States Ninth Circuit) - In a whistleblower claim brought under the Dodd-Frank Act’s anti-retaliation provision, the district court's denial of the defendant's motion to dismiss is affirmed where, in using the term 'whistleblower,' Congress did not intend to limit protections to those who disclose information to the Securities and Exchange Commission. Rather, the anti-retaliation provision also protects those who were fired after making internal disclosures of alleged unlawful activity under the Sarbanes-Oxley Act and other laws, rules, and regulations.




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SEC v. World Capital Market, Inc.

(United States Ninth Circuit) - In an issue of first impression involving the Securities and Exchange Commission's ability to disgorge ill-gotten funds from so-called 'relief defendants', the district court's final judgment, arising in connection with the SEC's enforcement action for federal securities law violations arising out of a fraudulent investment scheme, is affirmed where: 1) the district court properly asserted jurisdiction over appellants as relief defendants to determine the legal and factual legitimacy of appellants' claim to the $5 million; and 2) the district court did not clearly err in finding that the $5 million transfer as a loan was a sham.




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Italian football federation wants Euro 2020 postponed




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In re Maatita

(United States Federal Circuit) - Held that a patent application covering the design of an athletic shoe bottom should not have been rejected. The applicant argued that the patent claim met the enablement and definiteness requirements even though it used a single two-dimensional plan-view drawing to disclose the shoe bottom design. Agreeing that a designer of ordinary skill in the art would be able to make comparisons for infringement purposes, the Federal Circuit reversed the Patent Trial and Appeal Board's rejection of the patent claim.




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Zuckerman v. The Metropolitan Museum of Art

(United States Second Circuit) - Held that the doctrine of laches barred a woman from seeking to recover a painting by Pablo Picasso hanging in New York City's Metropolitan Museum of Art. The painting once belonged to her ancestors, German Jews who fled the Nazi regime. Affirmed a dismissal based on undue delay in bringing the lawsuit.



  • Injury & Tort Law

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Metropolitan Life Insurance Co. v. Bucsek

(United States Second Circuit) - Held that an insurance company did not have to arbitrate a former employee's claims before the Financial Industry Regulatory Authority (FINRA), an entity with which the company had severed ties. The FINRA arbitration code no longer applied to the company, even though the employee had once been registered as a securities industry representative of the company.




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Western Heritage Ins. Co. v. Frances Todd, Inc.

(California Court of Appeal) - Held that an insurance company could not bring a subrogation claim against its insured's tenant (a furniture manufacturing business) for amounts paid out under a fire insurance policy, even if the tenant was negligent. Affirmed a summary judgment ruling.




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Ortiz v. Dameron Hospital Assn.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.




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Galvan v. Dameron Hospital Assn.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.




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ZF Micro Devices v. TAT Capital Partners

(California Court of Appeal) - In the third chapter of Silicon Valley litigation spanning more than 14 years involving a microchip company and its successor, alleging breach of fiduciary duty, the judgment entered on plaintiff's cross-complaint against defendant is reversed where the court erred in submitting defendant's statute of limitations defense to the jury, as the cross-complaint was timely filed.




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F5 Capital v. Pappas

(California Court of Appeal) - In a a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court's dismissal of the complaint, concluding that the dilution claim was properly derivative under Delaware law and that plaintiff failed to plead demand futility under Fed. R. Civ. P. Rule 23.1(b)(3)(B), as to any of the claims, is affirmed where: 1) plaintiff's dilution claim was properly derivative, not direct; 2) the district court had subject matter jurisdiction to adjudicate the non-class, derivative claims; and 3) plaintiff did not allege facts sufficient to excuse it from making a pre-suit demand.




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Santa Clarita Org. etc. v. Castaic Lake Water Agency

(California Court of Appeal) - In a lawsuit to unwind a public water agency's acquisition of all of the stock of a retail water purveyor within its territory, the trial court's order refusing to unwind the transaction is affirmed where: 1) the streamlined procedures available for validating certain acts of public agencies, Code Civ. Proc.section 860 et seq., are inapplicable; 2) substantial evidence supports the trial court's factual finding that the purveyor did not become the agency's alter ego in this case; and 3) the agency did not violate article XVI, section 17.




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Revision Military, Inc. v. Balboa Mfg. Co.

(United States Federal Circuit) - In a suit for infringement of patents directed to a design for protective goggles used by military establishments, law enforcement agencies, hunters and shooters, district court's denial of plaintiff's request for a preliminary injunction is vacated and remanded where the district court erred in applying the Second Circuit's heightened standard of proof of likelihood of success on the merits, instead of the Federal Circuit standard for consideration of whether to impose such relief.




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In re Maatita

(United States Federal Circuit) - Held that a patent application covering the design of an athletic shoe bottom should not have been rejected. The applicant argued that the patent claim met the enablement and definiteness requirements even though it used a single two-dimensional plan-view drawing to disclose the shoe bottom design. Agreeing that a designer of ordinary skill in the art would be able to make comparisons for infringement purposes, the Federal Circuit reversed the Patent Trial and Appeal Board's rejection of the patent claim.




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Stonehill Capital Management v. Bank of the West

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.




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Save Our Heritage Organization v. City of San Diego

(California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus.




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Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc.

(California Court of Appeal) - Held that a donut shop that was condemned through eminent domain because it was in the path of a proposed rail line was entitled to compensation for its lost goodwill. Reversed and remanded.




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Forrest General Hospital v. Azar

(United States Fifth Circuit) - Held that the U.S. Department of Health and Human Services improperly calculated two Mississippi hospitals' Medicare reimbursements, specifically, so-called Disproportionate Share Hospital payments. Reversed the decision below and remanded to the agency.




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Hoag Memorial Hospital Presbyterian v. Kent

(California Court of Appeal) - Held that a hospital waited too long to file an administrative appeal challenging a reduction in Medi-Cal reimbursements. Affirmed that the filing was untimely.




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Inheritance Fund Scam - Partnership Request by David Tanguay

This is not an e-mail from David Tanguay, it is from oldest-trick-in-the-book-419-scammer.




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Inheritance Fund Scam - Mrs. Martha Moran Sanz

An inheritance fund scammer that requires you to eat the documents to get the funds.




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Inheritance Fund Scam a.k.a. Next of Kin Scam - Please Contact Me

Larry the 419 scammer is sorry for invading your privacy.




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Yamashita v. Scholastic, Inc.

(United States Second Circuit) - Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock photo company from which Scholastica obtained his photos, the panel affirms the district court’s dismissal.




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Retail Digital Network v. Appelsmith

(United States Ninth Circuit) - In an action in which plaintiff challenged, on First Amendment grounds, California Business and Professions Code Section 25503(f)-(h), which forbids manufacturers and wholesalers of alcoholic beverages from giving anything of value to retailers for advertising their alcoholic products, the district court's summary judgment to agency-defendant is reversed where plaintiff, a middleman involved in the advertising industry, had standing to challenge section 25503, because the Supreme Court's opinion in Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (2011), requires heightened judicial scrutiny of content-based restrictions on non-misleading commercial speech regarding lawful products, rather than the intermediate scrutiny previously applied to section 25503 by the Ninth Circuit in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir.1986).




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Retail Digital Network LLC v. Prieto

(United States Ninth Circuit) - In an action challenging, on First Amendment grounds, California Business and Professions Code section 25503(f)-(h), which prohibits alcohol manufacturers and wholesalers from providing anything of value to retailers in exchange for advertising their alcohol products, the district court's summary judgment in favor of the Acting Director of the California Department of Alcoholic Beverage Control is affirmed by an en banc court where: 1) thirty years ago, in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir. 1986), this Circuit rejected a First Amendment challenge to the same California and Professions Code provision; and 2) the U.S. Supreme Court's decision in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) did not modify the Central Hudson test that been applied in Actmedia.




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Glazer Capital Mgmt., LP v. Magistri

(United States Ninth Circuit) - Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.




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Fusion Capital Find II, LLC. v. Ham

(United States Seventh Circuit) - In an insolvent corporation's suit against defendant-corporation for tortious interference with its merger agreement, district court's judgment awarding defendant about $1.2 million in legal fees after ruling in favor of defendant and holding the insolvent corporation's board of directors personally liable is reversed as, under Nev. Rev. Stat. section 78.747, there isn't any fraud as plaintiff's thin capitalization was both the reason why the deal had been proposed and the dominant feature in the deal's structure. Furthermore, when plaintiff signed a contract promising to reimburse defendant's legal expenses if litigation ensued, defendant knew beyond doubt that plaintiff would be unable to keep that promise unless the merger closed. Thus, the court is not aware of any statute or decision holding that investors in a thinly capitalized corporation are personally liable for its debts to a contracting partner when that partner, with knowledge of the corporation's insolvency, signs without getting a guaranty from the investors.




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Equitable Res., Inc. v. United Steel, Paper & Forestry, Rubber, Mfg., etc.

(United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice.




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IDX Capital, LLC v. Phoenix Partners Group LLC

(Court of Appeals of New York) - In a suit for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty, arising from the defendants' alleged participation in derailing the plaintiff company's acquisition by a third party, the Appellate Division's dismissal of the complaint is affirmed by memorandum, where the plaintiffs failed to produce evidentiary proof as to whether: 1) individual defendants participated in a co-defendant's admitted campaign to interfere with the proposed acquisition; 2) defendant entities should be held vicariously liable for the interference; or 3) an individual plaintiff was entitled to injunctive relief.



  • Injury & Tort Law
  • M&A

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The General Hospital Corporation v. Sienna Biopharmaceuticals, Inc.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.




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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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De betrokkenheid van de klant in het digitale, post-coronatijdperk

De coronacrisis heeft een grote impact op de manier waarop we op dit moment met elkaar omgaan. Dat deze crisis een enorme boost gaat geven aan de digitale transformatie, is wel duidelijk. Maar wat zijn de consequenties van deze digitale versnelling voor de relatie tussen organisaties en hun klanten? Gaan we straks weer terug naar […]