News

Sjunde AP-Fonden v. Activision Blizzard Inc.: What May be Common May not be Right

By EsqSocial Corporation 18/04/24

In another impactful decision, the Delaware Court of Chancery in Sjunde AP-Fonden v. Activision Blizzard Inc.

WhatsApp for Registered Investment Advisers? A New SEC Enforcement Action, That’s What

By EsqSocial Corporation 18/04/24

On April 3, 2024, the US Securities and Exchange Commission (“SEC”) brought its first enforcement action against a “stand-alone” SEC registered investment adviser (“RIA”) for violations of, among others, Section 204 of and Rule 204-2(a)(7) under the Investment Advisers Act of 1940 (“Advisers Act”

Data Privacy + Cybersecurity Insider - April 2024 #2

By EsqSocial Corporation 18/04/24

CYBERSECURITY - New Threat: Scattered Spider International Coalition of Hackers - Cyber adversaries in China and Russia continue to be a formidable threat to U.S. based companies. In the past, scams might be detected because a word was misspelled or the context didn’t make sense.

CFPB Updates Risk-Based Nonbank Supervision Designation Process

By EsqSocial Corporation 18/04/24

On Tuesday, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a procedural rule streamlining the designation proceedings for nonbank supervision based on a particular entity posing “risks to consumers.” As discussed in “Our Take” below, the changes are designed to encourage nonbank

West Palm Beach Firefighters’ Pension Fund v. Moelis & Co.: An Affirmation of Statutory Board Authority

By EsqSocial Corporation 18/04/24

The Delaware Court of Chancery decided two cases recently that may have a significant impact on future corporate action, in each stressing the need for corporate actors to follow statutory requirements, even when in potential tension with market practice.

[Audio] Tackling Credit Push Fraud: Understanding Nacha's Risk Management Package - Payments Pros – The Payments Law Podcast

By EsqSocial Corporation 18/04/24

In this episode of Payments Pros, Carlin and Keith welcome back Jordan Bennett, Nacha's senior director of network risk management, for a two-part series on the newly approved rules designed to combat credit push fraud.

High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required

By EsqSocial Corporation 18/04/24

On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII.  In so ruling, the Court rejected a level of proof as to harm that many lower courts had long required Title VII plaintiffs establish in suing t

U.S. Supreme Court Holds that Title VII Requires Employees Establish only "Some Harm" as a Result of Transfer, Rejecting Lower Court Ruling that Harm must be "Significant" to Constitute Discrimination

By EsqSocial Corporation 18/04/24

Can an employer be sued by an employee for an alleged discriminatory transfer? The answer had been yes, so long as the transfer was based on a discriminatory reason and resulted in a “significant” employment disadvantage. That changed yesterday with the Supreme Court’s decision in Muldrow v.

Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

By EsqSocial Corporation 18/04/24

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023.

SEC Charges Five Registered Investment Advisers for Marketing Rule Violations

By EsqSocial Corporation 18/04/24

The US Securities and Exchange Commission (“SEC”) recently settled charges against five registered investment advisers for violations of Rule 206(4)-1 (“Marketing Rule”) under the Investment Advisers Act of 1940, as amended (“Advisers Act”), resulting in $200,000 in combined civil money penalties

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