flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). In Landgraf, the Court noted that a statute only truly operates retroactively if applying it would “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” Id. 114 S.Ct. at 1505; see also RTC v. Ford Motor Credit Corp., 30 F.3d 1384, 1387-88 (11th Cir.1994)(analyzing retroactivity of lease repudiation damage limitation provision of FIRREA). Thus, like other courts that have analyzed similar FIRREA provisions, we must address prior banking law to determine whether application of the damage limitation provisions of § 1821(e)(3) would have the retroactive effect defined in Landgraf. See, e.g., Ford Motor Credit, 30 F.3d at 1388 (<HOLDING>). We conclude that, in the Crafts’ case, it Options: A. holding that the act is not retroactive B. holding that firreas damage limitations for repudiation of leases worked no substantive change in the law and thus their application was not retroactive C. holding retroactive application D. holding no retroactive application E. recognizing that the application of a retroactive amendment is discretionary

assistant: The best answer is B. holding that firreas damage limitations for repudiation of leases worked no substantive change in the law and thus their application was not retroactive
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a copyright action. Additionally, defendants note that they did not discover the full extent of defendants’ infringement until March 2010, shortly before filing this action. The record reflects that plaintiffs did not unreasonably delay the commencement of this action, and that to the contrary, they sought an efficient out-of-court resolution of this matter. Ultimately, once they were convinced that defendants would not cease their infringing conduct absent injunctive relief, and once the scope of defendants’ infringing conduct became clear, they promptly brought this action and filed the instant motion. Thus, plaintiffs did not waive any right to preliminary injunctive relief on account of delay. See Eve of Milady v. Impression Bridal, Inc., 957 F.Supp. 484, 490-91 (S.D.N.Y.1997) (<HOLDING>). As it is clear from this record that Options: A. holding that intangible injuries such as damage to advertising efforts and goodwill can be irreparable harm for purpose of a preliminary injunction B. holding that the threat of irreparable harm must be immediate C. holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative D. holding that monetary damages do not generally constitute irreparable harm E. holding that efforts to resolve matter without litigation did not suggest absence of irreparable harm

assistant: The best answer is E. holding that efforts to resolve matter without litigation did not suggest absence of irreparable harm
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall bind and inure to the benefit of the respective successors and assigns of each of the parties; provided , that Borrower may not assign this Agreement or any rights or duties hereunder without the Lenders' prior written consent and any prohibited assignment shall be absolutely void ab initio . No consent to assignment by the Lenders shall release Borrower from its Obligations. A Lender may assign this Agreement and the other Loan Documents and its rights and duties hereunder and thereunder pursuant to Section 13.1 and, except as expressly required pursuant to Section 13.1 , no consent or approval by Borrower is required in connection with any such assignment.

assistant: Successors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: County Record v. Greater North Dakota Ass’n, 529 N.W.2d 830 (N.D.1995). We should not create ambiguity where none exists by reference to another statute although I agree we construe statutes as a whole. A plain reading of the definition of statement includes “test results.” [¶ 20] The majority accuses the Bureau of attempting to “shoehorn” Zueger’s performance on the FCE into the statutory definition of a false statement and thereby “bootstrap” the more severe penalties for false statements. I suggest the majority opinion illustrates the majority’s dislike for penalties — penalties the application of which a majority of the court continues to attempt to avoid by statutory construction if at all possible. See Ali v. North Dakota Workers Compensation Bureau, 1998 ND 146, 583 N.W.2d 115 (<HOLDING>); Hopfauf v. North Dakota-Workers Comp. Bureau, Options: A. holding that an insurer is not liable for punitive damages by its refusal to pay a claim unless such refusal is accompanied by a malicious intent to injure or defraud B. holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 C. holding unreasonable refusal to partici pate in fce is not an intentional obstruction for purposes suspending right to claim compensation under ndcc 650528 D. holding right of first refusal only applied to a voluntary sale and taking of property by condemnation is involuntary therefore right of first refusal not triggered E. holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547

assistant: The best answer is C. holding unreasonable refusal to partici pate in fce is not an intentional obstruction for purposes suspending right to claim compensation under ndcc 650528
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee acknowledges that the scope of the promises and covenants in this Release is reasonable in light of its narrow focus and the legitimate interests of the Company to be protected. Employee agrees that if any part of Employee’s covenants or the duration thereof is deemed too restrictive by a court of competent jurisdiction, the court may alter the covenants and/or duration to make the same reasonable under the circumstances, and Employee acknowledges that Employee shall be bound thereby. If any promises or covenants contained in this Release are determined to be illegal, invalid or unenforceable, then, in the Company’s sole discretion and to the extent permitted by law, it can decide whether to invalidate the remainder of the Release, including whether to continue to pay Employee any remaining portion of the Separation Payment or other benefits, and/or require Employee to repay any or all of the Separation Payment received.

assistant: Enforceability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything herein to the contrary, Employee shall not be eligible to receive any Severance Benefits under this Agreement unless he or she first executes a general release of claims substantially in the form attached as Exhibit A hereto (the “ Release ”) within twenty-one (21) days (or forty-five (45) days if necessary to comply with applicable law) after the Date of Termination and does not revoke such Release during the Revocation Period.

assistant: Releases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding ...” 29 U.S.C. § 215(a)(3). Defendant argues that because plaintiff only made an informal complaint with the company, she is not protected by this anti-retaliation provision. The Fifth Circuit has not addressed this issue, but the majority of other courts of appeals addressing it have found that informal complaints are protected by the anti-retaliation provision in the FLSA. See Valerio v. Putnam Assoc. Inc., 173 F.3d 35, 41-42 (1st Cir.1999) (concluding that the FLSA “will protect an employee who has filed a sufficient complaint with an employer”); Lambert v. Ackerley, 180 F.3d 997, 1004 (9th Cir.1999) (<HOLDING>); EEOC v. White and Son Enter., 881 F.2d 1006, Options: A. recognizing drug traffickers will commonly possess firearms to protect their product to protect their drugs to protect their cash to protect their life and even to protect their turf alteration in original internal quotation marks omit ted B. holding that party who asked trial court to take certain action could not complain on appeal that action was wrong C. holding that atwill employees have no contractual relationship with their employers to support a cause of action under section 1981 D. holding that the antiretaliation provision must protect employees who complain about violations to their employers E. holding that a claim for retaliatory discharge premised on missouris workers compensation law arises under that law for purposes of 1445c because antiretaliation provision also authorized the filing of a civil action for damages the antiretaliation right established by the missouri workers compensation statute is an essential element of plaintiffs claim

assistant: The best answer is D. holding that the antiretaliation provision must protect employees who complain about violations to their employers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the court to dismiss plaintiffs’ claims on that basis is denied. B. Section 1983 Claim In order to prevail on a claim under 42 U.S.C. § 1983, a plaintiff must allege “that the defendants acted under color of state law and that the defendants’ actions deprived the plaintiff of some federal right.” Montgomery v. City of Ardmore, 365 F.3d 926, 935 (10th Cir.2004). “Section 1983 itself does not create any substantive rights, but merely provides relief against those who, acting under color of law, violate federal rights created elsewhere.” Reynolds v. Sch. Dist. No. 1, 69 F.3d 1523, 1536 (10th Cir.1995). Plaintiffs complaint sets forth separate and distinct claims under § 1983, the Fourteenth Amendment, and for forced retirement Standing alone, plaintiffs § 1983 claim would fail. Id. (<HOLDING>). When combined, however, her Fourteenth Options: A. holding that plaintiff established a prima facie claim of retaliation because the defendants failure to transfer her out of her abusive working environment could be viewed as an adverse personnel action and there was a causal link between the filing of plaintiffs complaint and the defendants failure to transfer her B. holding that a plaintiffs failure to invoke 1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision C. holding that failure to demonstrate a causal connection is fatal to a 1983 cause of action D. holding the plaintiffs failure to identify an independently created right upon which her 1983 claim rested was fatal to her claim E. holding that a plaintiffs failure to establish the statistical significance of her evidence fatally undermines her claim

assistant: The best answer is D. holding the plaintiffs failure to identify an independently created right upon which her 1983 claim rested was fatal to her claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Facility IP License and the Services Agreement contains the entire agreement of the Parties, and there are no oral or written representations, understandings or agreements between the Parties respecting the subject matter of this Facility IP License that are not expressed herein.

assistant: Entire Agreements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall constitute an original but all of which when taken together shall constitute a single contract, and shall become effective as provided in Section 10. Delivery of an executed signature page to this Agreement by facsimile transmission (or other electronic transmission (including by .pdf)) shall be as effective as delivery of a manually signed counterpart of this Agreement.

assistant: Counterparts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between the parties concerning such subject matter, including without limitation the Prior Agreement, provided that, except to the extent explicitly provided herein, this Agreement shall not affect the terms of any Existing Equity Awards in a manner detrimental to the Executive and provided further that the following agreements will not be superseded by this Agreement but will remain in full force and effect in accordance with their terms: the Proprietary Agreement and the Indemnification Agreement between the Executive and the Company, dated May 1, 2014.

assistant: Integration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to deduct applicable taxes from any MIP Award and withhold, at the time of delivery under the 2015 MIP, an appropriate amount for payment of taxes required by applicable law or to take such other action as may be necessary or advisable in the opinion of the Company to satisfy all tax withholding obligations.

assistant: Tax Withholdings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY AGREES TO WAIVE ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING HEREUNDER OR UNDER ANY OF THE OTHER LOAN DOCUMENTS OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THIS LOAN TRANSACTION OR THE LENDER/BORROWER RELATIONSHIP THAT IS BEING ESTABLISHED. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. EACH PARTY HERETO ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS ALREADY RELIED ON THIS WAIVER IN ENTERING INTO THIS AGREEMENT, AND THAT EACH WILL CONTINUE TO RELY ON THIS WAIVER IN ITS RELATED FUTURE DEALINGS. EACH PARTY HERETO FURTHER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING (OTHER THAN BY A MUTUAL WRITTEN WAIVER SPECIFICALLY REFERRING TO THIS SECTION 9.11 AND EXECUTED BY EACH OF THE PARTIES HERETO), AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS HERETO OR ANY OF THE OTHER LOAN DOCUMENTS OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THE LOANS MADE HEREUNDER. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

assistant: Waiver Of Jury Trials
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: starting on july 1 , 2017 , the entity you are contracting with is ebay canada limited , 500 king street west , suite 200 , toronto , on m5v 1l9 , canada , if you reside in canada .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Purchaser is duly organized and validly existing under the laws of the jurisdiction of its organization. The execution and delivery by the Purchaser of this Agreement and the other Transaction Documents to which the Purchaser is a party, the performance by the Purchaser of its obligations hereunder and thereunder, and the consummation by the Purchaser of the transactions contemplated hereby and thereby have been duly authorized by all requisite action on the part of the Purchaser. This Agreement and each Transaction Document constitute legal, valid, and binding obligations of the Purchaser enforceable against the Purchaser in accordance with their respective terms.

assistant: Organizations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: did make minimal effort to find jobs during the illness and in the period soon after her death. 42 . In re Alderete, 412 F.3d 1200, 1206 (10th Cir.2005). 43 . At trial, the testimony centered almost exclusively on the "ICRP” rather than the "IBR.” However, based upon the information contained in the affidavit contained in Exhibit AA, it appears as though the program that was actually being discussed was the IBR, based upon ECMC’s counsel's assertions that the payments would be limited to 15% of Debtor’s income that exceeded 150% of the federal poverty line. In any event, Debtor did not indicate a willingness to enter into either of these programs, and his reasons for refusing to do so would apply equally under either program. 44 . Cf. In re Woody, 494 F.3d 939, 954 (10th Cir.2007) Options: A. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan B. holding admittedly in a heal loan context that congress did not intend to allow a debtor who spent decades not making loan payments even after working full time for several years to receive a discharge because his health begins to fail as he approaches retirement age C. holding that consideration for guaranty of loan previously made was that guarantors friend the bank manager who issued the loan would not lose his job for making a bad loan D. holding that debtor did not satisfy the third prong because she did not seek out loan consolidation options even though she made several payments on her student loan debt E. holding that fraudulent loan transaction exposed financial institutions to risk of loss even though loan was secured

assistant: The best answer is B. holding admittedly in a heal loan context that congress did not intend to allow a debtor who spent decades not making loan payments even after working full time for several years to receive a discharge because his health begins to fail as he approaches retirement age
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: our responsibility to adopt the approach by which we believe the Illinois Supreme Court would abide. Absent indication that the Illinois Supreme Court is moving away from the common-sense conflicts approach that it embraced in Ingersoll, 262 N.E.2d 593, we will continue to apply the Second Restatement’s “most significant contacts” test. The appellate court’s holding in Olsen, contrary to the defendant’s contention, does not constitute such an indication. Olsen involved a contract for the sale of real estate. In it, the appellate court affirmed the dismissal of a complaint because the contract involved was void under the law of the state where it was made. In resorting to this older rule, the appellate court relied on Frankel v. Allied Mills, Inc., 369 Ill. 578, 17 N.E.2d 570 (1938) (<HOLDING>), and did not apply the significant contacts Options: A. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable B. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made C. holding that a contract for sale of real estate was not void where the broker failed to obtain the required licenses D. holding the real estate sale proceeds E. recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate

assistant: The best answer is B. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Geraci will serve in the capacity of the Chief Executive Officer of the Company, and the co-manager of the investment portfolio of the Company. In all matters, Geraci will report solely and directly to the Board of Directors of the Company (the “Board”). Subject to the oversight of the Board, Geraci will be responsible for management of the Company’s operations and business affairs, including but not limited to (a) implementing the Company’s investment objectives and strategies, and (b) retaining staff and procuring services as appropriate and reasonably necessary to carry out the business of the Company. Geraci will have such authority and responsibilities as are customary for a chief executive officer, subject at all times, however, to the supervision and oversight of the Board, the corporate bylaws of the Company and the provisions of the Minnesota Business Corporations Act.

assistant: Duties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have travelled in interstate commerce to commit the murder, thereby making Mandaeina the cause of McGuire’s interstate travel. Second, the evidence listed above also provided a sufficient basis for the jury to conclude beyond a reasonable doubt that McGuire travelled in interstate commerce with the intent to murder Strada. In view of the evidence, the jury could fairly conclude that McGuire’s intent to commit the murder was formed in January 1990, continued up until the time that he committed the murder on May 16, 1990 and existed at the time that he travelled from Rockford, Illinois to Kansas City, Missouri, on some date betweeh May 12,1990, and May 16,1990. See United States v. Ellison, 793 F.2d 942, 950-51 (8th Cir.), cert. denied, 479 U.S. 937, 107 S.Ct. 415, 93 L.Ed.2d 366 (1986) (<HOLDING>). Finally, Earlywine’s testimony that he was Options: A. holding that the government must show only that a defendant had knowledge of the reporting requirements and acted to avoid them B. recognizing that the government need only prove that crime occurred reasonably near the date stated in the indictment C. holding after lopez that the interstate nexus element of the hobbs act still requires the government to show only a minimal connection to interstate commerce D. holding that while the government was required to prove that the defendants phone call crossed a state line the government did not need to prove that the defendant knew of the interstate nexus E. holding that under a similar statute the government need only show that the defendant had the intent to carry on illegal activity and that the crime occurred in conjunction with interstate travel

assistant: The best answer is E. holding that under a similar statute the government need only show that the defendant had the intent to carry on illegal activity and that the crime occurred in conjunction with interstate travel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, none of the representations, warranties, agreements and covenants contained in this Agreement will survive the Closing; provided , however , the agreements of the parties in Articles I , II and IX , the sixth sentence of Section 6.4 and Sections 6.6 , 6.7 , 6.11 , 6.12 , 6.13 , 6.14 and 8.3 will survive the Closing. The Confidentiality Agreement shall (i) survive termination of this Agreement in accordance with its terms and (ii) terminate as of the Closing. After the Closing, other than as set forth in this Agreement, (i) there shall be no liability or obligation on the part of any party hereto to any other party (except for fraud) and (ii) no party shall bring any claim of any nature against any other party (other than any claim of fraud); provided , however , that nothing in this sentence shall affect the agreements of the parties in Articles I , II and IX , the sixth sentence of Section 6.4 and Sections 6.6 , 6.7 , 6.11 , 6.12 , 6.13 , 6.14 and 8.3 and any claims or liabilities arising therefrom.

assistant: Survival
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rebate method on voluntary prepayment of the contract. The Court of Appeals based this conclusion on the statement in Milhollin that “... acceleration rebate practices need be disclosed only when they diverge from other prepayment rebate practices...” Ford Motor Co. v. Milhollin, supra, 444 U. S. at p. 569. In Milhollin, the question for decision was whether under TILA, as well as Regulation Z, the existence of an acceleration clause must be disclosed on the face of a credit agreement. The United States Supreme Court granted certiorari in the case, because of conflicting resolutions of this question by various federal circuit courts of appeal. See Griffith v. Superior Ford, 577 F2d 455 (8th Cir. 1978); United States ex rel. Hornell v. One 1976 Chevrolet, 585 F2d 978 (10th Cir. 1978) (<HOLDING>); Johnson v. McCrackin-Sturman Ford, Inc., 527 Options: A. holding that the existence of probable cause vitiated the need for an inquiry into an underlying motive for the arrest B. holding that the existence of an acceleration clause need never be disclosed C. recognizing the existence of the special relationship D. holding that the acceleration clause was not cognizable as a large and unjustified payment E. holding that establishment clause claim need not be predicated on coercion

assistant: The best answer is B. holding that the existence of an acceleration clause need never be disclosed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: substantial relationship Pursuant to the substantial relationship test, courts have granted disqualification when the issues have been “identical” or “essentially the same.” Gov’t of India v. Cook Indus., Inc., 569 F.2d 737, 740 (2d Cir.1978); Hammond v. Goodyear Tire & Rubber Co., 933 F.Supp. 197, 201 (N.D.N.Y.1996); United States Football League v. Nat’l Football League, 605 F.Supp. 1448, 1457 (S.D.N.Y.1985); Red Ball Interior Demolition Corp. v. Palmadessa, 908 F.Supp. 1226, 1244 (S.D.N.Y.1995); Pereira v. Houze Glass Co. (In re Graff Marketing Corp.), 42 B.R. 801, 806 ( direct dealings and the overlap of the en gagement with the events that are the subject of the subsequent action.” Pereira v. Houze Glass Co. (In re Graff Marketing Corp.), 42 B.R. 801, 806-07 (Bankr.S.D.N.Y.1984) (<HOLDING>). See also Interco Sys. Inc. v. Omni Corporate Options: A. holding that an attorney could be disqualified on the basis of general business and financial representation even where there was no evidence that the attorney participated in the transaction at issue because the current lawsuit concerned commissions alleged to have been earned pursuant to the former clients relationship with its current adversary B. holding attorney general could not contract on behalf of the state to employ an assistant attorney beyond the attorney generals own term C. holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved D. holding the commissions recommendation that the attorney be ordered to refund his clients funds could not be adopted because the stipulation failed to detail the amount of such funds and no witness testimony or evidence was taken on the matter E. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client

assistant: The best answer is A. holding that an attorney could be disqualified on the basis of general business and financial representation even where there was no evidence that the attorney participated in the transaction at issue because the current lawsuit concerned commissions alleged to have been earned pursuant to the former clients relationship with its current adversary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 385 U.S. 94 87 S.Ct. 254 17 L.Ed.2d 192 UNITED STATES et al.v.SASKATCHEWAN MINERALS. GREAT NORTHERN RAILWAY COMPANY et al. v. SASKATCHEWAN MINERALS. Nos. 525, 526. Nov. 14, 1966. Solicitor General Marshall, Assistant Attorney General Turner, Howard E. Shapiro, Robert W. Ginnane, Fritz R. Kahn and Betty Jo Christian, for the United States and others in No. 525. Charles W. Burkett, W. Harney Wilson, Arthur A. Arsham and Willard P. Scott, for appellants in No. 526. Wayne W. Wright, for appellee in both cases. PER CURIAM. 1 These appeals are from an amended judgment of a three-judge district court, 253 F.Supp. 504, which set aside an order of the Interstate Commerce Commission dismissing appellee's complaint, 325 I.C.C. 621, and remanded the case to the Commission 'for further proceedings with instructions to grant relief' to the appellee 'in accordance with the opinion heretofore entered by this court on December 8, 1965, and the Supplemental Memorandum Decision entered by this Court on March 3, 1966.' Accepting the District Court's decision to set aside the Commission's order on the merits, appellants challenge that portion of the judgment which instructs the Commission to grant relief to the appellee and precludes the Commission from reopening the proceedings for the receipt of additional evidence relevant to the question whether the rates challenged by the appellee are in fact unreasonably preferential in violation of § 3(1) of the Interstate Commerce Act, 49 U.S.C. § 3(1). We agree with the appellants that, under the circumstances present here, this restriction is an improper limitation on the Commission's duty to reconsider the entire case. Arrow Transp. Co. v. Cincinnati, N.O. & T.P.R. Co., 379 U.S. 642, 85 S.Ct. 610, 13 L.Ed.2d 550. Accordingly, the judgment of the District Court is vacated and the cases are remanded to the District Court with instructions to enter an order remanding the case to the Commission for further proceedings consistent with the District Court's opinion of December 8, 1965. It is so ordered. 2 Judgment vacated and case remanded.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as expressly permitted by applicable law or as authorized by yahoo or the applicable licensor ( such as an advertiser ) , you agree not to modify , rent , lease , loan , sell , distribute , transmit , broadcast , publicly perform or create derivative works based on the yahoo services , such content or the software , in whole or in part .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The guaranty set forth in this Article XI is a continuing guaranty and shall (i) remain in full force and effect until the later of (A) the indefeasible payment in full in cash of all Obligations payable under this Agreement and (B) the Final Termination Date, (ii) be binding upon the Parent Borrower, its successors and assigns and (iii) inure to the benefit of and be enforceable by the Administrative Agent and the Lenders and their respective successors, transferees and assigns.

assistant: Assignments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: McManus’s rights and obligations under this Agreement shall not be transferable by assignment or otherwise, and any purported assignment, transfer or delegation thereof shall be void. This Agreement shall inure to the benefit of, and be binding upon and enforceable by, any purchaser of substantially all of the Company’s assets, any corporate successor to the Company or any assignee thereof.

assistant: Assignments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties that during the term of this Agreement, and thereafter for a period of two (2) years, Consultant shall not, without the prior written consent of Company, disclose to anyone any ''Confidential Information'' of the Company. Confidential Information for the purpose of this Agreement shall include Company's proprietary and confidential information such as, but not limited to, customer lists, business plans, marketing plans, financial information, designs, drawings, specifications, models, software, source codes or any non-public Company data or information. Confidential Information shall not include any information that: a. Is disclosed by Company without restriction and is intended to be made public. b. Becomes publicly available through no act of Consultant. c. Is rightfully received by Consultant from a third party.

assistant: Confidentiality
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The prov1s1ons of this Agreement and each other Credit Document are severable and if any provision shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall not in any manner affect or invalidate such provision in any other jurisdiction or any other provision of any of the Credit Documents in any jurisdiction.

assistant: Severability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lender’s agreement not to pursue its rights and remedies until the occurrence of the Termination Date as described in Section 2.1 herein is temporary and limited in nature. Except as expressly provided herein, (i) nothing contained herein shall be deemed to constitute a waiver of the Specified Defaults or any other Default or Event of Default or compliance with any term or condition contained in the Credit Agreement or any of the other Loan Documents or constitute a course of conduct or dealing among the parties and (ii) the Lender reserves all rights, privileges and remedies under the Credit Agreement and the other Loan Documents.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 108, 85 S.Ct. 741; State v. Malkin, 722 P.2d 943, 947 n. 10 (Alaska 1986); State v. Davenport, 510 P.2d 78, 82 n. 8 (Alaska 1973). 8 . Massachusetts v. Upton, 466 U.S. 727, 732, 104 S.Ct. 2085, 80 L.Ed.2d 721 (1984). 9 . Koen, 113 P.3d at 680. 10 . Id. 11 . Id. at 678. 12 . Id. at 677. 13 . The strength of the inference can be confirmed by considering the flip side of the proposition: assuming that a search conducted under the warrant had led the troopers to search a location that was not Koen's residence, it seems hard to imagine that the search would not have been challenged on the theory that Trooper Browning had misrepresented material facts by misleading the magistrate to believe that the warrant was aimed at Koen's residence. Cf. State v. Malkin, 722 P.2d 943 (Alaska 1986) (<HOLDING>). 14 . Davenport, 510 P.2d at 82 n. 8. In this Options: A. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant B. holding that a warrant may be vitiated when supporting affidavit intentionally or recklessly misrepresents material facts C. holding that the fourth amendment requires that a defendant be allowed an opportunity to challenge the veracity of an affidavit supporting a search warrant D. holding that officers reliance on accountant negated a finding that he acted consciously voluntarily intentionally knowingly or recklessly in his failure to pay tax E. holding that a search warrant is invalid if not based on an affidavit

assistant: The best answer is B. holding that a warrant may be vitiated when supporting affidavit intentionally or recklessly misrepresents material facts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise specifically defined herein, each term used herein (and in the recitals above) which is defined in the Credit Agreement (as amended hereby) shall have the meaning assigned to such term in the Credit Agreement (as amended hereby). Each reference to “hereof,” “hereunder,” “herein,” and “hereby” and each other similar reference and each reference to “the Agreement” and each other similar reference contained in the Credit Agreement shall from and after the date hereof refer to the Credit Agreement as amended hereby.

assistant: Definitions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: keep that information confidential, (b) not compete with their employer by using that information, and (c) return the information upon termination. InnoSys then alleges that it disclosed confidential information to Ms. Mercer under the protection of a signed NDA (thereby giving rise to the fiduciary duty) and that Ms. Mercer subsequently breached that duty by disclosing the confidential information during the DWS hearing. But as shown above, InnoSys must utilize these same facts to substantiate its claim for misappropriation of trade secrets. Therefore, InnoSys's claim for breach of fiduciary duty is preempted by the UTSA, and its dismissal was proper for this additional reason. 1 . See Litton Sys., Inc. v. Ssangyong Cement Indus. Co., 107 F.3d 30, 1997 WL 59360, at "7-8 (Fed.Cir.1997) (<HOLDING>); Firetrace USA, LLC v. Jesclard, 800 F.Supp.2d Options: A. holding that where the amount of damages was the primary issue in dispute the plaintiffs claim for damages was not liquidated until the date the jury returned its verdict and the plaintiffs are not entitled to prejudgment interest under ksa 16 201 B. holding that the plaintiffs failure to meet any one of the elements requires dismissal of claim C. holding that a plaintiff can seek statutory damages even in the absence of actual damages D. holding that the more than three month gap between the plaintiffs eeoc complaint and the allegedly adverse action was insufficient to show causation E. holding that californias codification of the utsa requires plaintiffs to show damages in one of the three listed categories

assistant: The best answer is E. holding that californias codification of the utsa requires plaintiffs to show damages in one of the three listed categories
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Investor shall be entitled to enforce their rights under this Agreement specifically and to exercise all other rights existing in their favor. The parties hereto agree and acknowledge that a breach of this Agreement would cause irreparable harm and money damages would not be an adequate remedy for any such breach and that, in addition to other rights and remedies hereunder, the Company and the Investor shall be entitled to specific performance and/or injunctive or other equitable relief (without posting a bond or other security) from any court of law or equity of competent jurisdiction in order to enforce or prevent any violation of the provisions of this Agreement.

assistant: Remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court had no jurisdiction. 22 . See, e.g., Leisnoi, Inc. v. United States, 170 F.3d 1188, 1192 (9th Cir.1999); McMaster v. United States, 177 F.3d 936, 939-40 (11th Cir.1999); Cadorette v. United States, 988 F.2d 215, 223 (1st Cir.1993). Leisnoi’s holding that “a third party’s claim of an interest of the United States can suffice if it clouds the plaintiff's title” is inapplicable here because the Levee District asserts its own title interest; it is not asserting a title interest on behalf of the United States. 170 F.3d at 1192. 23 . - U.S. -, 132 S.Ct. 2199, 183 L.Ed.2d 211 (2012). 24 . 5 U.S.C. § 702. 25 . 28 U.S.C. § 2409a(a)i 26 . Patchak, 132 S.Ct. at 2205. 27 . Id. at 2210. 28 . Id. at 2207 (internal quotations omitted). 29 . See also Block, 461 U.S. at 286, 103 S.Ct. 1811 Options: A. holding that the defendants dominion control and knowledge may be inferred if he had exclusive possession of the premises on which the object was found emphasis added B. holding that trespass to try title is the method for determining title to real property C. holding that congress intended the qta to provide the exclusive means by which adverse claimants could challenge the united states title to real property emphasis added D. holding that the only method by which an adverse possessor may convey the title asserted by adverse possession is to describe in the instrument of conveyance by means minimally acceptable for conveyancing of realty that which is intended to be conveyed E. holding that the legal title holders to real property held it in constructive trust for the equitable title holder who was entitled to the real property based on an earlier contract

assistant: The best answer is C. holding that congress intended the qta to provide the exclusive means by which adverse claimants could challenge the united states title to real property emphasis added
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nankin v. Vill. of Shorewood, 2001 WI 92, ¶ 18, 245 Wis. 2d 86, 630 N.W.2d 141). 16 The word "amount" has been interpreted to refer to the amount of property, that is, part or all of the property. Clear Channel Outdoor, Inc. v. City of Milwaukee, 2011 WI App 117, ¶ 8, 336 Wis. 2d 707, 805 N.W.2d 582. 17 1997 Wis. Act 237, § 279m. 18 Metro. Assocs. v. City of Milwaukee, 2011 WI 20, ¶ 10, 332 Wis. 2d 85, 796 N.W.2d 717. 19 Id. (citing Wis. Stat. § 70.49(2)). 20 Shove v. City of Manitowoc, 57 Wis. 5, 14 N.W 829 (1883), and State ex rel. Foster v. Williams, 123 Wis. 73, 75, 100 N.W 105 (1904), involved a tax on personal property, but the principles stated therein are applicable to taxation of real property. Fond du Lac Water Co. v. City of Fond du Lac, 82 Wis. 322, 52 N.W 439 (1892) (<HOLDING>). 21 In reviewing a municipality's decision on Options: A. holding when both real property and contract rights are assigned assignee must both record under the real estate laws and file pursuant to article 9 B. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner C. holding that both as to real and personal property a board of review cannot arbitrarily increase the valuation of the assessor without proof being furnished D. holding that plaintiffs may have a property interest in real property E. holding that forfeiture of real property may be adjudicated before the seizure occurs because real property cannot abscond

assistant: The best answer is C. holding that both as to real and personal property a board of review cannot arbitrarily increase the valuation of the assessor without proof being furnished
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or proceedings pending nor, to its knowledge, threatened against or in any other way relating adversely to or affecting any Borrower Party or any Subsidiary thereof or any of their respective properties in any court or before any arbitrator of any kind or before or by any Governmental Authority that if determined adversely could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations