News

No intimidation and economic duress in loan restructuring

By EsqSocial Corporation 10/05/21

A bank had threatened, during negotiations to restructure a loan, that it would appoint a receiver if no agreement was reached. That threat did not amount to intimidation or economic duress on the facts of the case.

California District Court Again Dismisses ERISA Lawsuit Challenging 401(k) Plan’s Fees

By EsqSocial Corporation 10/05/21

The Northern District of California dismissed with prejudice a lawsuit alleging a 401(k) plan’s sponsor and fiduciaries included unreasonably expensive funds in the plan’s investment lineup.

Repossessions And bankruptcy: What The Fulton Decision Means For Turnover

By EsqSocial Corporation 10/05/21

The February Supreme Court decision in City of Chicago v.

More Is Not Merrier: Eleventh Circuit Sends Message to Debt Collectors Using Third-Party Vendors

By EsqSocial Corporation 10/05/21

The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted.

OIG Permits Pharmaceutical Manufacturer to Offer Free Drug to Patients in Advisory Opinion 21-01

By EsqSocial Corporation 10/05/21

In its March 18, 2021 Advisory Opinion (AO), AO 21-01, HHS Office of Inspector General (OIG) determined that a pharmaceutical manufacturer that produces a drug as a one-time, potentially curative treatment (the Drug) may offer the Drug at no charge to patients unable to afford the Drug who are ei

Remote Employees: The Geographic Tax And Benefits Challenges

By EsqSocial Corporation 10/05/21

As the COVID-19 vaccine has become readily available, and many employers contemplate employees returning to the office to work, both employers and employees have accelerated demands for new and permanent remote work location arrangements for a variety of jobs.

Governmental Immunity Bars Suit Against Dallas County Sheriff For COVID-19 Response

By EsqSocial Corporation 10/05/21

In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct—that the government official acted without legal authority, or failed to perform a purely ministerial act.

UK Financial Services Act 2021 Receives Royal Assent

By EsqSocial Corporation 10/05/21

On 29 April 2021, the Financial Services Bill received Royal Assent in the UK, becoming law as the Financial Services Act 2021 (the “Act”).

1099-C Discharge Without Debt Cancellation Not Consumer Protection Law Violation

By EsqSocial Corporation 10/05/21

Once again, a borrower who argued his debt was cancelled when he received an IRS Form 1099-C was told by the court that it was merely discharged.

An Infectious Disease Prevention Plan And Workplace Safety Committee: Two New Significant Requirements Under New York’s HERO Act

By EsqSocial Corporation 10/05/21

On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (the “Act”) into law which amends the New York Labor Law.

Pages