News

Apple feuds with court-appointed BigLaw monitor over his access, firm’s 2-week $138K bill

By EsqSocial Corporation 31/12/13

The relationship between Apple Inc. and a Goodwin Procter partner appointed by a federal court to monitor the company's compliance with antitrust laws concerning its e-book marketing hasn't been going well.

California Court Requires Clear And Unmistakable Waiver To Enforce Arbitration Agreement

By EsqSocial Corporation 31/12/13

Volpei v. County of Ventura, No. B243954 (November 7, 2013): In a recent decision, a California Court of Appeal held that an arbitration provision in a collective bargaining agreement did not waive an employee’s individual right to sue the employer....

CFPB sends enforcement action “early warning” to for-profit postsecondary education provider

By EsqSocial Corporation 31/12/13

In a Form 8-K filed with the SEC on December 27, 2013, ITT Educational Services, Inc. disclosed that it has received a CFPB “early warning” letter stating that the CFPB’s Enforcement Office is considering recommending that the CFPB take legal action...

Medical practice agrees to payment due to HIPAA data breach

By EsqSocial Corporation 31/12/13

One day after Christmas, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced that a Massachusetts-based dermatology practice (Practice) agreed to a $150,000 payment and entered into a Resolution Agreement...

The Long Sunset: EHR Donations May Continue Until 2021 (With a Few Changes)

By EsqSocial Corporation 31/12/13

Under long-awaited final rules recently published by the federal government, hospitals and other “protected donors” may continue to “donate” interoperable electronic health record items and services without incurring liability under the federal...

A Compilation of Enforcement and Non-Enforcement Actions - December 31, 2013

By EsqSocial Corporation 31/12/13

Investment Advisers — Are Your “IA Reps” Registered as Required? Why You Should Care - As we approach the end of the calendar year, it is a good time for investment advisers to check if all of its personnel who are providing services as an...

A River Runs Through It: North Dakota Supreme Court Finds State Government Owns Minerals In Disputed "Shore Zone"

By EsqSocial Corporation 31/12/13

The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters (commonly known as the “shore...

Director Tenure Draws Increasing Investor Attention

By EsqSocial Corporation 31/12/13

The Wall Street Journal recently highlighted director tenure in an article titled “The 40-Year Club: America’s Longest Serving Directors.” While the article noted that fewer than 30 public company directors have at least 40 years’ tenure, the...

Lipnick v. United Airlines, Inc. et al., : Plaintiff's Memorandum Of Points And Authorities In Opposition To Defendant's Motions For Summary Judgment (August 5, 2013)

By EsqSocial Corporation 31/12/13

Passengers who are injured on an international flight, or while embarking or disembarking from that flight, must make personal injury claims under the rules set forth in the Montreal Convention. This treaty requires a passenger to show that his...

Lawyer fined for telling friend that client ‘Harry Potter’ author wrote new novel under pseudonym

By EsqSocial Corporation 31/12/13

A British lawyer has been rebuked and fined £1,000 by the Solicitors Regulation Authority for violating client confidentiality by revealing to his wife's best friend that the author of the best-selling "Harry Potter" children's book series had written a new novel under a pseudonym.

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