News

Pre-Merger Activities Don’t Give Rise To Cartwright Act Violation

By EsqSocial Corporation 26/12/13

In 1907, newly elected California Governor James Norris Gillett asked the California legislature to address restraints on trade. California state Senator John A. Cartwright responded with a bill patterned after a federal antitrust bill introduced by...

Federal Banking Agencies Issue Interagency Statement on Supervisory Approach to Qualified Mortgage Loans

By EsqSocial Corporation 26/12/13

The FDIC, OCC, NCUA and FRB issued an interagency statement on the supervisory approach to originating qualified mortgages under the CFPB’s ability-to-repay and qualified mortgage rule finalized in January 2013 and subsequently amended (see January...

Huatuco v. Satellite Healthcare, C.A. No. 8465-VCG (Del. Ch. Dec. 9, 2013) (Glasscock, V.C.)

By EsqSocial Corporation 26/12/13

In this memorandum opinion, the Court of Chancery granted the defendant’s motion to dismiss the plaintiff’s complaint, pursuant to which the plaintiff sought judicial dissolution of a limited liability company. The Court of Chancery held that the...

Federal Financial Regulators Extend Comment Period for Proposed Policy Statement on Assessing Diversity Policies and Practices of Regulated Entities

By EsqSocial Corporation 26/12/13

On December 19, six federal financial regulatory agencies announced that they are extending the comment period for their proposed policy statement for assessing diversity policies and practices of the institutions they regulate to allow the public...

Status as a Debtor not Enough to Confer Appellate Standing

By EsqSocial Corporation 26/12/13

“Standing” is a legal term of art that refers to a party’s ability to bring a cause of action, to intercede in one or to appeal the court’s judgment. To prove appellate standing in a bankruptcy proceeding, a party must show that “he was directly and...

Motion to Stay Pending Inter Partes Review Denied Where Inter Partes Petition Did Not Challenge Two of the Asserted Independent Claims of the Patent-in-Suit

By EsqSocial Corporation 26/12/13

Otto Bock HealthCare LP ("Otto Bock") filed a patent infringement against Defendants Össur hf and Össur Americas, Inc. (together, "Össur"). Otto Bock alleged that a number of Össur's infringed four claims of United States Patent No. 6,726,726 (the "...

Federal Circuit Review - December 2013

By EsqSocial Corporation 26/12/13

Apple Awarded Permanent Injunction - In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial of a permanent injunction...

Looking at the Big Picture: Deciding When to Sue

By EsqSocial Corporation 26/12/13

If you’ve been in an accident, whether it is a minor vehicle fender-bender or a catastrophic industrial accident, one of your biggest concerns is securing just compensation for your injuries....
By: Smith & Doran, P.C.

Year-End Health and Retirement Plan Guidance Grab Bag

By EsqSocial Corporation 26/12/13

Following Hawaii’s enactment of legislation recognizing same-sex marriage as of and after December 2, 2013 a number of additional pieces of guidance were also issued. Internal Revenue Service’s Frequently Asked Questions regarding individuals who are...

Bipartisan Budget Agreement Offers Little Holiday Cheer for Transportation Funding

By EsqSocial Corporation 26/12/13

Don’t let anyone tell you the Bipartisan Budget Agreement (BBA) enacted this week by Congress and President Barack Obama is good for transportation. The BBA rolls back the sequester of discretionary spending scheduled for 2014 and 2015 and increases...

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