News

Employers May Not Condition Collective Bargaining On Outcome Of Noel Canning

By EsqSocial Corporation 22/11/13

An administrative law judge (ALJ) for the National Labor Relations Board (NLRB) has found that an employer violated the National Labor Relations Act (NLRA) by refusing to bargain with a union unless the union agreed that any collective bargaining...

How To Choose A Strong Mark To Discourage Infringement: Put Some Thought Into Protecting Your Intellectual Property

By EsqSocial Corporation 22/11/13

Your company has just come up with an exciting new product that enables someone to walk and chew gum at the same time! Just imagine all of the potential buyers out there who have been suffering for years from “Can’t Walk and Chew Gum Syndrome.”...

Federal Arbitration Act Preempts California’s Broughton-Cruz Rule, Allowing Arbitration of all Claims Including Claims for Injunctive Relief

By EsqSocial Corporation 22/11/13

A federal district court denied a motion to compel arbitration for claims for injunctive relief under California’s unfair competition law, Consumer Legal Remedies Act, and false advertising law but granted the motion as to the other legal claims. In...

Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items - 11/21/2013

By EsqSocial Corporation 22/11/13

Plan sponsors should consider whether they need to make certain plan amendments or provide certain plan notices prior to the end of the year. The end of the year marks the deadline by which sponsors of qualified retirement plans may need to take...

Week in Review - November 21, 2013

By EsqSocial Corporation 22/11/13

As turkeys and pumpkin pie ingredients fill grocery carts across America, employee privacy issues fill the workplace. A recent survey shows that younger employees, ages 18 to 25, are more concerned about their privacy in the workplace than their...

CERCLA’s Broad Sweep of Liability For Owners

By EsqSocial Corporation 22/11/13

Some decisions are valuable not because they make new law but because they reaffirm well known principles of law. City of Banning v. Dureau is one such decision. There, a federal district court in California ruled that an owner of real property was...

JM Eagle Pays $2.5 million to Settle False Claims Allegations

By EsqSocial Corporation 22/11/13

On November 14, 2013, a federal jury in California found that JM Eagle (formerly J-M Manufacturing Company, Inc.) defrauded several states and municipalities by selling them defective plastic pipe in violation of the federal and several state false...

ROME II – Opportunities and Risks for the Financial Sector

By EsqSocial Corporation 22/11/13

This alert reports a French case that relates to a hedge fund registered in the Cayman Islands, the investment agreement of which was governed by Cayman law, and where the actions complained about (withdrawing from the fund) were arguably strongly...

UK High Court Clarifies Scope of Directors’ Duties

By EsqSocial Corporation 22/11/13

Court holds that directors may legitimately defer to the views of fellow directors if persuaded that the views are in the best interests of the company. On 18 October, in Madoff Securities International Limited (In Liquidation) v Raven & others,...

When Microsoft Stops Supporting Windows XP, Will Your Bank Be At Risk?

By EsqSocial Corporation 22/11/13

The six agencies which make up the Federal Financial Institutions Examination Council (“FFIEC”) have issued a joint statement cautioning financial institutions and their technology service providers regarding Microsoft’s decision to discontinue...

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