News

PTAB Strategies and Insights - May 2021: Federal Circuit Starts to Clarify Section 325(e)(2) Estoppel

By EsqSocial Corporation 08/06/21

In Olaplex, Inc. v L’Oréal USA, Inc. the Federal Circuit addressed, among other issues, PGR estoppel in subsequent district court litigation. Here, the Court addressed the timing to raise estoppel regarding written description and obviousness after a Board’s final written decision (FWD).

Vaccine Tracking Your Employees – It’s Past Time

By EsqSocial Corporation 08/06/21

With about half of the U.S. working age, vaccine-eligible population now vaccinated, employers want to know which of their employees got the shot. Many employers are under the impression that mandatory vaccine reporting and tracking is only possible when the employer mandates vaccination.

Application Window Opens for $1 Billion Tribal Broadband Fund

By EsqSocial Corporation 08/06/21

The National Telecommunications and Information Administration (“NTIA”) has published a Notice of Funding Opportunity (“NOFO”) for the $1 billion tribal connectivity grant program. Applications are due by Sept. 1, 2021.

Unincorporated Association Governance - Waiting For The Legislature

By EsqSocial Corporation 08/06/21

In 2004, the California legislature enacted an unincorporated associations law as part of the Corporations Code.  Cal. Stats. 2004, ch. 178 (SB 1746).   At the time, the law governing unincorporated associations consisted of various scattered provisions.   The new law, codified at Cal. Corp.

Did the Distressed Debt Opportunity Slink by Me When I Wasn’t Looking?

By EsqSocial Corporation 08/06/21

I have spoken to a number of people over the past months who have raised money or built technology to take advantage of a broadly anticipated distressed opportunity which was certainly to be occasioned by the pandemic.  Did I miss it?  Was I distracted by the First Family’s secret service chompin

Judge who appeared determined to avoid mandatory sentence is removed from case

By EsqSocial Corporation 08/06/21


Securities and markets regulatory news, June 2021

By EsqSocial Corporation 08/06/21

DvP clients: FCA and PRA Dear CRO letter on counterparty credit exposure management and controls - The UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have published a letter to chief risk officers (CROs) of regulated firms on pre-settlement counterparty credit expo

Out-of-the-Money Junior Creditors Cannot Participate in the Bankruptcy Process

By EsqSocial Corporation 08/06/21

Subordination agreements are generally enforced in accordance with applicable non-bankruptcy law in bankruptcy cases. The decision in In re Fencepost Productions, Inc., No. 19-41542, 2021 WL 1259691 (Bankr. D. Kan. Mar. 31, 2021) recognizes limits to this rule....

EEOC Hosts Virtual Hearing On Civil Rights Implications Of COVID-19 Pandemic In The Workplace

By EsqSocial Corporation 08/06/21

In its first all-virtual/remote video-cast hearing, the Equal Employment Opportunity Commission (EEOC) discussed workplace civil rights implications of the COVID-19 pandemic for employees and employers.

SCOTUS Decision Significantly Impacts Data Operations For U.S. Businesses

By EsqSocial Corporation 08/06/21

The U.S. Supreme Court issued a decision Van Buren v. United States on June 3, 2021 that has broad implications for technology companies writ large.

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