News

You Should Understand The Difference Between Violating A Firm Policy And Violating A FINRA Rule . . . Even If FINRA Doesn’t

By EsqSocial Corporation 04/05/21

FINRA, of course, has lots, and lots, of rules. Heck, it has rules about making rules. The things that RRs can and cannot do per those rules are strictly proscribed, mostly in great detail. Things that ordinary people can do without a second thought are frequently off-limits for RRs.

NYC Proposed Citywide Hotel Special Permit Moves into the Public Review Process

By EsqSocial Corporation 04/05/21

On Monday, May 3, 2021, the New York City Planning Commission (CPC) “referred” the Department of City Planning’s (DCP) proposed zoning text that would mandate a Special Permit for all new hotels in New York City, beginning the City’s public review process for approval of the proposed text.

Business or Residential? Ambiguity Surrounding Number on Do Not Call Registry Can Defeat Class Certification

By EsqSocial Corporation 04/05/21

In an interesting decision from the District Court of Oregon, United States Magistrate Judge Youlee Yim You recommended granting a motion to deny class certification where uncertainty about the appropriate classification of a cell phone number’s use was enough to make the plaintiff an inadequate

Weekly IRS Roundup April 26 – April 30, 2021

By EsqSocial Corporation 04/05/21

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 26, 2021 – April 30, 2021...

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

By EsqSocial Corporation 04/05/21

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No. B304964 (2nd Dist., March 18, 2021)......

Cryptocurrencies and Other Digital Assets: A New Regime

By EsqSocial Corporation 03/05/21

Cryptocurrencies and digital assets will continue to be an area of intense regulatory focus, but a new administration may bring new regulations. SEC Chairman Gensler has extensive experience with cryptocurrencies and blockchain, including a teaching stint at MIT.

Well, it used to be worse

By EsqSocial Corporation 03/05/21

When I was younger, I was a pessimist. Everything to me, like a bad grade in Civil Procedure I was the end of the world and I realized eventually, that it wasn’t. I learned optimism is easier to manage than pessimism....

NLRB Declines to Address Validity of Acting GC’s Appointment, Instead Deferring the Issue to the Courts

By EsqSocial Corporation 03/05/21

On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and subsequent replacement with Acting General Counsel Peter Sung Ohr.

The Proverbial Other Foot: Proposed U.S. Legislation Could Ban Personal Data Transfers to Ireland and Other U.S. Allies

By EsqSocial Corporation 03/05/21

Digital giants and other data-driven businesses that have moved their companies from the United Kingdom to Ireland in the wake of Brexit could soon be bracing for a new shake-up in light of legislation recently proposed in the United States by Oregon Senator Ron Wyden.

Consumer Complaints on the Rise - CFPB's Annual Complaint Report

By EsqSocial Corporation 03/05/21

As required by the Dodd-Frank Act, the Consumer Financial Protection Bureau recently provided to Congress its Consumer Response Annual Report for 2020. The report's introduction notes that, in 2020, the CFPB received more than half a million consumer complaints.

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