News

It Was an Accident: Reckless and Negligent Homicide

By EsqSocial Corporation 24/12/13

Both reckless homicide and negligent homicide are criminal offenses in which a victim ends up dead. The difference between these two homicides, and differentiating them from murder or manslaughter, is the lack of any intent whatsoever on the part of...

New York’s Nonprofit Revitalization Act Becomes Law

By EsqSocial Corporation 24/12/13

On December 18, 2013, New York State Governor Andrew Cuomo signed the Nonprofit Revitalization Act of 2013 (the Act) into law, triggering the first overhaul of the New York Not-for-Profit Corporation Law (N-PCL) in more than 40 years....

OIG Recommends that CMS Scrutinize Clinicians with High Cumulative Payments

By EsqSocial Corporation 24/12/13

Focusing on clinicians who receive high cumulative payments under Medicare Part B could be a useful means of identifying possible improper payments, according to a recent report issued by the Office of Inspector General of the Department of Health...

CFPB, State AGs Announce First Nonbank National Servicing Settlement

By EsqSocial Corporation 24/12/13

On December 19, the CFPB and attorneys general for 49 states and the District of Columbia, and a nonbank mortgage servicer, filed a proposed consent order in the U.S. District Court for the District of Columbia, pursuant to which the servicer will be...

NJ Mobile Meth Lab Demonstrates Scope of Drug Problem

By EsqSocial Corporation 24/12/13

According to a recent DEA assessment, methamphetamine is the most heavily used and commonly available clandestinely manufactured illegal drug in southern New Jersey. Some believe that what makes the drug so incredibly insidious is the ease with which...

IRS Releases Q&A on Elections and Reimbursements in Cafeteria Plans Post-DOMA

By EsqSocial Corporation 24/12/13

On December 16, the IRS released Notice 2014-1, providing additional guidance on administration of employee benefit plans in light of the Supreme Court’s June 26, 2013 decision in United States v. Windsor. Windsor invalidated a key provision of the...

Show Your Work!—The Ninth Circuit Affirms That Courts Must Explain the Math Behind the Calculation of Attorneys’ Fees

By EsqSocial Corporation 24/12/13

It’s an often-repeated adage of high school math teachers: show your work. In three decisions in 2013, the Ninth Circuit has demonstrated that Courts must follow this principle in calculating awards of attorneys’ fees....

Agricultural Sector Companies Face Increased Scrutiny on Human Rights-Related Risks

By EsqSocial Corporation 24/12/13

Agricultural sector companies, and companies with large agricultural supply chains, face new scrutiny from investors and other stakeholders concerning human rights-related risks in their corporate supply chains. Key issues for this sector include the...

Pennsylvania Supreme Court Weighs in on Amendments to Pa. Oil and Gas Act

By EsqSocial Corporation 24/12/13

In a recent decision, the Pennsylvania Supreme Court held as unconstitutional several provisions in Act 13, which, in part, amended Pennsylvania's Oil and Gas Act to permit oil and gas operations in all zoning districts....

NY Appellate Court Reverses Decision on Statute of Limitations for Mortgage Buyback Claims

By EsqSocial Corporation 24/12/13

On December 19, 2013, correspondent lenders were the beneficiaries of a long-awaited common sense ruling on when the statute of limitations begins to run under New York law for purposes of a mortgage buyback claim. The common-sense answer: when the...

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