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Title I is a sort of "mission statement" for the FRCP; Rule 1 states that the rules "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Rule 2 unifies the procedure of law and equity in the federal courts by specifying that there shall be one form of action, the " civil action ".
In particular, it set out standards for materiality of inside information, effective disclosure of such information, and what constitutes a "misleading" statement. Texas Gulf Sulphur represented the first time a federal court held that insider trading violated federal securities law and remained the leading case on insider trading for a decade. [2]
Regulation S-K is a prescribed regulation under the US Securities Act of 1933 that lays out reporting requirements for various SEC filings used by public companies. Companies are also often called issuers (issuing or contemplating issuing shares), filers (entities that must file reports with the SEC) or registrants (entities that must register (usually shares) with the SEC).
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Use common sense in interpreting and applying policies and guidelines; rules have occasional exceptions. However, those who violate the spirit of a rule may be reprimanded or sanctioned even if they do not technically break the rule. Whether a policy or guideline is an accurate description of best practice is determined through consensus.
When assessing novelty, a generic disclosure (in the state of the art, i.e. for instance in a prior art document) does not normally take away the novelty of any specific example falling within that disclosure. [13] [14] On the other hand, "a specific disclosure does take away the novelty of a generic claim embracing that disclosure".
[8] [24] As related in the bill statement, law requires "a state agency, or a person or business that conducts business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the data, as defined, to any resident of California whose ...
The rule provides that speech is unprotected if it "visually depicts" children below the age of majority and "performing sexual acts or lewdly exhibiting their genitals". [63] In contrast to the rules for simple obscenity, private possession of child pornography "may be outlawed". [64] While this exception is very concrete, it is also limited.