Sentences with phrase «from bright line rules»

Not exact matches

Counsel for CN and McKercher are also expected to clash over the «professional litigant exception» to the bright line rule, where consent to act adverse in interest may be inferred from entities such as banks, governments, or large corporations.

Whereas there might (in the future) be a bright - line rule for the commercial, or profit - making nature of a given website (e.g. income from advertisement, even if marginal, main economic activities, etc.), the criterion that pertains to the knowledge (of the lack of consent of the right holder) of the non-commercial user might prove much more problematic.

Adoption of an approach to regulating conflicts of interest that diverges significantly from the Supreme Court's bright line test and interpretation of fiduciary duties might lead to lawyers being removed as counsel by a court even though they have complied with the rules set by law societies.

In the American law from which both the bright line rule and the substantial risk principle are derived, the substantial risk test is what defines when a conflict arises; the bright line rule is relevant as a way of identifying whether or not there is a substantial risk.