News

Biden Administration DOL Publishes Final Rule Rescinding Trump Administration Independent Contractor Rule Under the FLSA

By EsqSocial Corporation 10/05/21

In an unsurprising and expected move, on Thursday, May 6th the Biden Administration’s Department of Labor (“DOL”) published its Final Rule withdrawing the Trump Administration’s January 7, 2021 “Independent Contractor Status under the Fair Labor Standards Act” rule.

Sample language for debt collectors in eviction matters.

By EsqSocial Corporation 10/05/21

Abstract: United States: Consumer Financial Protection Bureau provides sample disclosure language and guidance regarding its new rule imposed upon debt collectors of landlords.

Litigation fees may be tax-deductible, confirms new Tax Court ruling

By EsqSocial Corporation 10/05/21

Mylan Inc. achieved a victory in a tax dispute with the IRS in the Tax Court which may result in tax savings for companies who frequently face litigation related to intellectual property, especially patents. Mylan is a producer of pharmaceutical products.

Surprise! Federal Proposal Would Require States to Adopt California’s ABC Contractor Classification Test for Unemployment Purposes

By EsqSocial Corporation 10/05/21

Most attention about whether the Biden administration would attempt to adopt a version of California’s notorious “ABC test” for determining whether individuals are properly classified as employees or independent contractors has focused on either the high-profile inclusion of the test in the propo

The mRNA Patent and Competitive Landscape: Pioneers, Litigation Outlook and Big Pharma’s Next Moves (Part III)

By EsqSocial Corporation 10/05/21

In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market players BioNTech, Moderna and CureVac; in Part II, we discussed Translate BIO, Arcturus, and eTheRNA (and other startups) and provided background o

OFCCP Week In Review: May 2021 #2

By EsqSocial Corporation 10/05/21

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer.

EPA incorporates environmental justice into enforcement policy: How can regulated industries prepare?

By EsqSocial Corporation 10/05/21

Although not new, environmental justice (EJ) issues have played a prominent role in the EPA’s agenda under new Administrator Michael Regan.

Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution

By EsqSocial Corporation 10/05/21

In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast. Practice the art of fueling on the run. And, most important, be proactive in stationing your spectators at points on the course where the race gets difficult.

If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?

By EsqSocial Corporation 10/05/21

While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the consequences of any agreement defining exactly what will be waived....

Your State No Longer Requires Face Coverings in the Workplace – But Should You Continue To Mandate Them?

By EsqSocial Corporation 10/05/21

As the COVID-19 pandemic (mercifully) starts to retreat, many states have begun rolling back face-covering mandates, which often relieve employers of the obligation to require masks for employees and visitors in the workplace.

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