Quick backstory to the inspiration of writing this blog post….I recently drafted a waiver of liability for a unique and relatively uncommon business, and was amazed during the research process of how many in the same small industry had waivers of liability
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During the depths of the depression, in order to “clean up” Wall Street, who largely (rightly or wrongly) took the brunt of ire over the economy going from bad to worse, Congress enacted various security laws designed to help level the playing
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In criminal (and civil) cases, often an element of “scienter” is required to be shown by the actor. Scienter is generally defined as “A mental state embracing intent to deceive, manipulate, or defraud” Aaron v. SEC, 446 U.S 680, 686 n.5, 100
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