News

Not With a Bang but a Whimper

By EsqSocial Corporation 27/05/21

In a non-precedential Order issued by the US Court of Appeals for the Federal Circuit—on remand from the US Supreme Court’s April 2021 decision upholding Google’s fair use defense to Oracle’s copyright infringement claim—the Court recalled its mandate in the case “solely with respect to fair use.

Leveraging Your Company’s Existing Data to Reduce Antitrust Compliance Risk

By EsqSocial Corporation 27/05/21

I. Introduction - There is increasing emphasis for corporations to implement antitrust compliance programs that will deter and detect collusive behavior.

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

By EsqSocial Corporation 27/05/21

The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care services. In Brown v. Ohio Valley Health Services & Education Corp.

Supreme Court Limits FTC's Power to Seek Damages

By EsqSocial Corporation 27/05/21

In AMG Capital Management v. FTC, a unanimous Supreme Court recently struck the Federal Trade Commission’s (the FTC) power to obtain monetary relief under § 13(b) of the FTC Act (the Act). Under § 13(b), the FTC can seek the aid of a court to obtain a permanent injunction.

A Series for FDA-Regulated Food Industry - Part 1: The Big Picture

By EsqSocial Corporation 27/05/21

An old adage is that an “ounce of prevention is worth a pound of cure.” Perhaps no setting is a more appropriate example of this than a company whose business centers on food products regulated by the Federal Food and Drug Administration.

Reporting Requirements under the Corporate Transparency Act may Effect More Entities than Anticipated

By EsqSocial Corporation 27/05/21

Congress recently passed the Corporate Transparency Act (CTA) requiring private companies to disclose their beneficial owners to the United States Department of the Treasury’s Financial Crime Enforcement Network (FinCEN).

Texas Citizens Participation Act Does Not Protect Communications about Private Transactions

By EsqSocial Corporation 27/05/21

The Texas Court of Appeals in the 14th Circuit denied an interlocutory appeal from the trial court’s denial of a motion to dismiss under the Texas Citizens Participation Act (TCPA), holding that TCPA does not protect communications concerning a private transaction between private parties.

Retailers: Now Is the Time to Leverage Wisdom from the Pandemic Shakeout

By EsqSocial Corporation 27/05/21

Adopting digitally enabled capabilities is key to freeing up capital for long-term growth. Here’s what retailers need to know to get started — and overcome internal resistance.

COBRA Subsidies are Revived — Last-Minute Guidance May Have Expanded Your Duties

By EsqSocial Corporation 27/05/21

New guidance has been issued to clarify the Subsidized COBRA obligations imposed on employers and plan sponsors by the American Rescue Plan Act of 2021 (“ARPA”). This guidance comes at the last minute, as the deadline to send out the notices required by ARPA expires on May 31, 2021.

Underground Injection Control: U.S. EPA Environmental Appeals Board Addresses Challenge to Class II Permit Renewal

By EsqSocial Corporation 27/05/21

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a May 6th Decision a Petition challenging the renewal of a Class II Underground Injection Control (“UIC”) permit. See UIC Appeal No. 21-01....

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