News

OCC, FDIC Finalize Deposit Advance Guidance

By EsqSocial Corporation 03/12/13

On November 21, the OCC and the FDIC separately issued guidance that establishes numerous expectations for institutions offering deposit advance products, including with regard to consumer eligibility, capital adequacy, fees, compliance, management...

Liability For Texting While Driving

By EsqSocial Corporation 03/12/13

A study conducted by Virginia Tech measured the reaction times of drivers texting while behind the wheel. Study results, based on delayed reaction times, demonstrated that texting creates an accident crash risk 23 times greater than the risk of...

Will Recent Auto-Dialer Decisions Help Rein In TCPA Litigation?

By EsqSocial Corporation 03/12/13

Have recent judicial decisions brought much needed sanity to the discussion of what constitutes an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”)? The short answer is: maybe....

CFPB files amicus brief in another FDCPA case

By EsqSocial Corporation 03/12/13

Last month, the CFPB, jointly with the FTC, filed an amicus brief in Sykes v. Mel S. Harris and Associates LLC, a Fair Debt Collection Practices Act case on appeal to the Second Circuit. This represents the third FDCPA case in which the CFPB has...

Business Court Says "Rule Of Reason" Analysis Appropriate To Antitrust Claim By Chiropractors Against Their Independent Practice Association

By EsqSocial Corporation 03/12/13

I can think of only three reasons why you might want to know about the Business Court's decision in Sykes v. Health Network Solutions, 2013 NCBC 53: - You are a chiropractor or you live with one. - You are fascinated by the subject of the...

Canada Revenue Agency to Treat Funds Obtained Through “Crowdfunding” Activities as Business Income

By EsqSocial Corporation 03/12/13

On August 16, 2013, the Canada Revenue Agency (CRA) issued a technical interpretation dealing with the treatment of funds obtained through, and related expenses incurred in respect of, “crowdfunding” activities by a taxpayer under the Income Tax Act...

One-Two Punch

By EsqSocial Corporation 03/12/13

Stop imitators by combining design patents and trade dress - Design patents have gained popularity in recent years among inventors looking to protect their market share. But they shouldn’t forget trade dress – the distinctive physical appearance...

Bi-Weekly Pay – The Devil is in the Details

By EsqSocial Corporation 03/12/13

With January 1, 2014 fast approaching, many Rhode Island employers excited about the prospect of moving to a bi-weekly payroll system are wondering how to make the switch. The new law requires the filing of a petition, a showing of good cause and...

A Guide To Making O&P Payments On Texas Roof Repairs

By EsqSocial Corporation 03/12/13

Nearly every estimate submitted on behalf of a Texas building owner for the replacement of a commercial roof includes the same last two line items... Originally published in Texas Law360 on December 2, 2013....

In Case You Missed It - Three Cases Impact W.Va. Consumer Finance Law

By EsqSocial Corporation 03/12/13

Confirmation of the W.Va. Attorney General's Authority to Hire Private Counsel on Behalf of the State - For more than a decade, the circuit courts in West Virginia have wrestled with the issue of whether the State Attorney General has the ability...

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