Unfair competition is prohibited under common law, state statutes, and the U.S. Trademark Act.
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But federal courts strike down state statutes all the time for violating the U.S. Constitution.
The U.S. Code alone contains 55, 000 pages of mandates, and that's only a sliver of federal and state statutes.
There are state statutes, state common law and the federal Lanham Act, which can be used to pursue claims of false endorsement.
The passage of numerous municipal, federal and state statutes forbidding discrimination against protected classes of individuals has spawned large amounts of employment litigation.
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These state statutes often include prohibitions on private sector bribery.
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The new definition better matches most current state statutes.
"This case is worthy because of the conflict between the U.S. Bankruptcy Code and the state statutes governing CalPERS and the importance of the issue being decided, " said attorney Karol Denniston, a municipal restructuring expert who monitored the trial.
Because the discussion regarding materiality in a federal securities fraud action are also applicable in the main to fraud claims alleged under the common law, the state blue sky laws, or other anti-fraud federal and state statutes, the discussion of materiality will not treat the latter separately.
She helped him build a database of state homeschooling statutes, assisting his crusade to reverse laws that prevented parents from homeschooling their children.
There is nothing in the Constitution, federal, state or local statutes that expressly prohibits it.
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Telecom Italia's statutes state that the biggest shareholder is allowed to appoint four-fifths, or 16 seats, of its 20-member board.
Of course, geez, how nice that FINRA cites to so many federal and state rules and statutes in its proceedings and appeals.
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Second, these funds are not subject to comprehensive federal regulation such as ERISA. Rather, they are governed by state or local statutes that differ dramatically and many of which offer little guidance.
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The Uniform Trust Code provides some guidance when it states that any individual providing direction to a trustee is fiduciary per se. (Footnote 4) Contrast this with Alaska and Arizona, whose statutes state that a trust protector shall not be treated as a fiduciary unless the trust instrument provides for such treatment.
Today, fraud claims alleging a failure to disclose might be based upon violations of federal securities laws, state blue sky laws, state consumer protection laws, and other federal and state anti-fraud statutes.
The petitioners-consisting of 10 industry groups and 2 individuals-had argued that the pilot program exceeded the TLC's authority and that it violated several provisions of the New York City Charter and New York City Administrative Code, City rulemaking procedures, the City Human Rights Law, and State and City environmental statutes.
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Under the Supremacy Clause of the U.S. Constitution, federal statutes trump conflicting state laws.
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It is imperative small business owners provide training to management and employees on local, state and federal employment law statutes.
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They may receive payment under federal or state civil rights and compensation statutes or under the common law of false imprisonment.
Implied private rights of action have been such a problem at the state level that civil justice reform advocates have encouraged legislatures to enact statutes that require more transparency when new state laws are passed.
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The secretary of state's opinion is based on Florida statutes.
People who stop paying bills earn lousy credit ratings but eventually are freed of old debt under statutes of limitations that vary by state and range from three years to 10 years from the last loan payment.
Tom West, who represents Norse in the challenge to Dryden's zoning law, said he'll argue that the Frew Run case, which involved a gravel mine, doesn't apply because the state mining law is fundamentally different from the oil and gas statutes.
But Schneiderman said the decision in Illinois stressed the unique nature of the state law that was struck down and contrasted that law with the statutes in New York and elsewhere that give officials wide discretion in deciding whether to grant permits to carry guns in public.
The new Patriot Act strengthened anti-money-laundering statutes already on the books, requiring hawaladars to comply with state laws and register with the federal government.
But here is an even bigger trap: Anti-Deficiency Statutes usually do not provide any defense for a deficiency judgment entered in another state!
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In the world of SCF, the disclosure statutes most obviously implicated in civil and criminal liability issues are the federal and state securities laws.
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