News

Charity Auctions and Connecticut Sales Tax

By EsqSocial Corporation 26/11/19

Auctions are a fun way for a charity to raise money. In a Connecticut auction, the auctioneer is deemed to be the retailer for sales tax purposes. Sales of tangible personal property or enumerated services at an auction are subject to Connecticut...

Wastewater Enforcement: Missouri Department of Natural Resources and Franklin County Wastewater Treatment Operator Enter into Abatement Order on Consent

By EsqSocial Corporation 26/11/19

The Missouri Department of Natural Resources (“MDNR”) and Melody Lake Water and Sewer LLC (“Melody”) entered into an October 25th Abatement Order on Consent (“AO”) addressing alleged violations of a Missouri State Operating Permit (“Permit”). See...

Hertz Seeks Claw-Backs from Former Executives

By EsqSocial Corporation 26/11/19

Earlier this year, Hertz Corporation filed suit against several former executives, including its former CEO, CFO and general counsel, seeking to recover under its claw-back policies approximately $70 million in incentive compensation paid to the...

Non-Disparagement Clauses in Cross-Hairs of NLRB – Lessons for Employers & their Employment Lawyers - Part One

By EsqSocial Corporation 26/11/19

This is an instructive tale of the Stange Law Firm, P.C. and its disputes with employees, with lessons regarding both non-disparagement provisions in employment agreements and how to view internet postings which are critical of employment and an...

Error-Checking Patent Held Patent Eligible

By EsqSocial Corporation 26/11/19

KPN is a Dutch telecom company that owns a U.S. patent for detecting errors in data transmission. Last year, the U.S. District Court for the District of Delaware invalidated the patent as ineligible subject matter, but on Friday, a panel of the U.S....

Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law

By EsqSocial Corporation 26/11/19

In Commonwealth v. Davis, No. 56 MAP 2018 (Pa. Nov. 20, 2019), the Supreme Court of Pennsylvania, in a 4-3 ruling, overturned a lower-court order that required a criminal suspect to turn over a 64-character password to his computer, concluding that...

CMS Proposes Increased Scrutiny of Medicaid Supplemental Payments and Related State Financing Arrangements

By EsqSocial Corporation 26/11/19

In what is widely considered to signal intensified focus by the Federal government on Medicaid supplemental payments and related State Medicaid financing mechanisms, the Centers for Medicare & Medicaid Services (CMS) on November 18, 2019 proposed the...

Franchisor 101: Forum Selection Clause Gone Wrong

By EsqSocial Corporation 26/11/19

A California Court of Appeal held that courts should not enforce forum selection clauses in contracts that also contain a jury waiver. For franchisors that have California franchisees, this ruling could complicate the ability to litigate claims in...

Are Non-Solicitation Agreements Enforceable in Arizona?

By EsqSocial Corporation 26/11/19

In Arizona, non-solicitation agreements may be enforceable if they are “reasonable.” This means employers may be able to prohibit an employee from soliciting other employees and customers/clients for a period of time. It is never easy to determine...

Report on Medicare Compliance Volume 28, Number 42. News Briefs: November 2019 #4

By EsqSocial Corporation 26/11/19

Report on Medicare Compliance 28, no. 42 (November 25, 2019) - In a surprising CMS memo that just surfaced, top CMS attorneys echo the sentiments of the Department of Justice about the limits of enforcement actions based on government guidance. The...

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