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The next wave may include state, and possibly federal, notification and disclosure statutes governing the organization's responsibility to publicly disclose security breaches to our constituents.
The next wave may include state, and possibly federal, notification and disclosure statutes governing the organization's responsibility to publicly disclose security breaches to the constituents.
Disclosure statutes are designed to inform the uninformed and this includes many average individuals who have neither the capability nor the strength to calculate the cost of the credit that has been extended to them.
Bioethicist Jacob M. Appel argues that the mandatory disclosure statutes might be unconstitutional on "rational basis" grounds.
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The Securities Act is a disclosure statute and registration makes information about the company and the transaction available to offerees and purchasers.
It seems absolutely fanciful to suggest that he would not have faced a 'substantial risk of self-incrimination,' ante, at 431, by complying with the disclosure statute.
Of course, these suggestions ignore the fact that this particular respondent would have run a serious risk of self-incrimination by complying with the disclosure statute.
In the circumstances of the present case we conclude that the purpose of the disclosure statute will be implemented by denying recovery to the plaintiff on its contract and granting the defendants' motion to dismiss.
RSA 399-B 3 (supp) provides that "no person shall extend credit in contravention of this chapter". We conclude that the extension of credit to the defendants was in violation of the disclosure statute.
RSA 339-B 3 (supp) provides that '[n]o person shall extend credit in contravention of this chapter.' We conclude that the extension of credit to the defendants was in violation of the disclosure statute.
The parties have agreed that the plaintiff did not willfully violate the disclosure statute and this eliminates any consideration of RSA 399-B 4 (supp) which provides a criminal penalty of a fine of not more than five hundred dollars or imprisonment not more than sixty days, or both.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com