News

Supreme Court Decides United States v. Arthrex, Inc.

By EsqSocial Corporation 23/06/21

On June 21, 2021, the U.S. Supreme Court decided United States v.

Department of Labor Proposes Thirty-Minute Maximum for Tip Credit Wages for Sidework

By EsqSocial Corporation 23/06/21

On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer.

Colorado District Court Holds Retroactive Application of Supreme Court’s TCPA Severance Violates Ex Post Facto Clause and Due Process

By EsqSocial Corporation 23/06/21

Joining the growing ranks of numerous district court opinions analyzing the effect of the Supreme Court’s 2020 severance of the Telephone Consumer Protection Act’s (TCPA) government-debt exception, a district court in Colorado has reasoned that the severance operates retroactively, while also rec

The European Commission’s Adoption of New SCCs

By EsqSocial Corporation 23/06/21

On June 4, 2021, the European Commission adopted an updated and long-awaited set of standard contractual clauses (SCCs) for the international transfer of personal data.

Supreme Court Decides Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System

By EsqSocial Corporation 23/06/21

On June 21, 2021, the U.S. Supreme Court decided Goldman Sachs Group Inc. v.

Sand and Gravel Mine Expansion/Zoning Law: New York Appellate Court Addresses Preemption Issue

By EsqSocial Corporation 23/06/21

The New York Court of Appeals (“Court”) in a May 27th Decision addressed issues associated with the application of a Town’s zoning law to the expansion of a sand and gravel mine. See In the Matter of Town of Southampton, et al. v.

[Video] Monthly Minute | Trade Secret Protection Best Practices–Employment and Confidentiality Agreements

By EsqSocial Corporation 23/06/21

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Joel Bush covers best practices for trade secret protection—employment and confidentiality agreements....

Stockholders Lack Derivative Standing to Challenge Transactions Whose Terms Were Set Before They Became Stockholders

By EsqSocial Corporation 23/06/21

In re SmileDirectClub, Inc., 2021 WL 2182827 (Del. Ch. May 28, 2021) - Under the “contemporaneous ownership rule,” to have standing to bring derivative claims, stockholders in a Delaware corporation must own stock at the time of a challenged transaction.

State Implementation Plans/Clean Air Act: U.S. EPA Office of Inspector General Report

By EsqSocial Corporation 23/06/21

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a June 14th report titled: EPA Has Reduced its Backlog of State Implementation Plans Submitted Prior to 2013 but Continues to Face Challenges in Taking Timely Final Actions on Submitted Plans (

Watch Out for the Exceptions as the New Jersey Supreme Courts Adopts the “On-Going Storm Rule"

By EsqSocial Corporation 23/06/21

The Supreme Court of New Jersey has recently formally adopted, as the law of the land for New Jersey, the “ongoing storm rule” as a valid defense for commercial landowners.

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