William v Gerber
Give this one a try later!
, Facts: "Nutrition Facts" label accurately states ingredients-Images of fruit
(no grape) with name "fruit juice snacks"-"Made with real fruit juice and
other natural ingredients-"nutritious" not nutritious
Rule: Rule: Are reasonable consumers likely to be misled/deceived?
Application: District Court: Puffery - Label technically accurate, fruit juice
was included and pictures were of candyAppeals Court: The reasonable
consumer would be misled by large writing on packaging, fine print can't
excuse deceptive large statements
Tipper liability
Give this one a try later!
- breached fiduciary duty
- received benefit
EEOC Process
Give this one a try later!
1. File Complaint
2. Then, usually referred to mediation
3. Then, considered investigation
4. Then, EEOC or individual can bring right to sue
Securities Act of 1933
Give this one a try later!
, Required "registration statement" to launch Initial Public Offering
(IPO)
Securities Exchange Act of 1934
Give this one a try later!
After IPO, this act governs how securities are disclosed
(Forms 10-Q, 8-Q, 10-K)
Wording for a contract that effectively transfers the independent contractor's work to
the company
Give this one a try later!
Effective wording: "assigns", "does assign"
Ineffective wording: " agrees to assign", "will assign", etc.
Rule 10b-5: Defense
Give this one a try later!
- "due diligence" based on reasonable investigation
- doesn't work for issuer
Rule 10b-5: Who's liable?
Give this one a try later!
, Facts: "Nutrition Facts" label accurately states ingredients-Images of fruit
(no grape) with name "fruit juice snacks"-"Made with real fruit juice and
other natural ingredients-"nutritious" not nutritious
Rule: Rule: Are reasonable consumers likely to be misled/deceived?
Application: District Court: Puffery - Label technically accurate, fruit juice
was included and pictures were of candyAppeals Court: The reasonable
consumer would be misled by large writing on packaging, fine print can't
excuse deceptive large statements
Tipper liability
Give this one a try later!
- breached fiduciary duty
- received benefit
EEOC Process
Give this one a try later!
1. File Complaint
2. Then, usually referred to mediation
3. Then, considered investigation
4. Then, EEOC or individual can bring right to sue
Securities Act of 1933
Give this one a try later!
, Required "registration statement" to launch Initial Public Offering
(IPO)
Securities Exchange Act of 1934
Give this one a try later!
After IPO, this act governs how securities are disclosed
(Forms 10-Q, 8-Q, 10-K)
Wording for a contract that effectively transfers the independent contractor's work to
the company
Give this one a try later!
Effective wording: "assigns", "does assign"
Ineffective wording: " agrees to assign", "will assign", etc.
Rule 10b-5: Defense
Give this one a try later!
- "due diligence" based on reasonable investigation
- doesn't work for issuer
Rule 10b-5: Who's liable?
