News

NLRA Does Not Prevent Class Action Waivers But Overbroad Agreements Will Not Be Enforced

By EsqSocial Corporation 05/12/13

The Fifth Circuit Court of Appeals refused to enforce critical portions of the NLRB’s decision in D.R. Horton, Inc., including its decision that class action waivers in arbitration agreements violated the National Labor Relations Act. The Fifth...

Know What You Are Protecting When You Develop a Non-Compete

By EsqSocial Corporation 05/12/13

A recent North Carolina Court of Appeals case, Phelps Staffing, LLC v. C.T. Phelps, Inc. and Charles T. Phelps, COA12-886, 2013 WL 1575409 (N.C. Ct. App. Apr. 16, 2013), highlights the need for employers who either have noncompetition agreements in...

Canada’s Anti-Spam Law: Final Regulations Mark Countdown to Coming into Force

By EsqSocial Corporation 05/12/13

The guessing game is over. Three years after it was enacted, we now know that Canada’s anti-spam law (CASL) will come into force in stages over the next four years, beginning on July 1, 2014....

Some Thoughts on Puerto Rico and Other Distressed Issuers

By EsqSocial Corporation 05/12/13

Fact One: There are 3.7 million Puerto Ricans, 45% of whom live in poverty. Fact Two: According to its April 3, 2012 Official Statement, Puerto Rico has $68 billion of debt. Fact Three seems obvious: it is going to be very difficult for the 2...

President Obama Expands SelectUSA

By EsqSocial Corporation 05/12/13

On October 31, 2013, President Barack Obama announced plans to expand SelectUSA, a program created in 2011 to encourage investment in the U.S. economy. The program has already produced positive results, as foreign firms have started investing in...

New York State Court Denies Late Notice Defense

By EsqSocial Corporation 05/12/13

New Hampshire Ins. Co. v. Clearwater Ins. Co., No. 653547/2011, 2013 N.Y. Misc. LEXIS 5117 (N.Y. Sup. Ct. Oct. 31, 2013). A New York State motion court granted part of a cedent’s motion for summary judgment in a case involving the cession of...

Unsealed Qui Tams Show That Government Declination is Not Always the End

By EsqSocial Corporation 05/12/13

Mintz Levin’s most recent Qui Tam Update authored by our Health Care Enforcement Defense Practice provides focused analysis of four health care-related qui tam cases in which the government declined to intervene, including one that may be accepted...

Sanctions Update -- December 2013

By EsqSocial Corporation 05/12/13

Iran: Easing of sanctions by the United States (“US”) and European Union (“EU”) - On 24 November 2013, a joint commission of the United Kingdom ("UK"), the United States, Germany, France, Russia and China (collectively known as the "P5+1",...

Recent Cases of Interest to Regulators

By EsqSocial Corporation 05/12/13

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of a domestic dispute. He was...

"Taxpayer Naming – The Future of UK Tax Compliance?"

By EsqSocial Corporation 05/12/13

As part of Autumn Statement 2013, HM Revenue & Customs (HMRC) has today publicly named the banks that have newly adopted or readopted the Code of Practice on Taxation for Banks (the Code)....

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