News

Contamination/Asset Purchase Agreement: Federal Appellate Court Interprets Indemnification Provision

By EsqSocial Corporation 01/05/21

The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified subsequent to closing. See Wisconsin Central Ltd. v. Soo Line Railroad Co., No.

Paris Court of Appeal Addresses Constitution of Tribunal in OIC Investment Arbitration

By EsqSocial Corporation 01/05/21

On March 23, 2021, the Paris Court of Appeal issued a decision with important ramifications for investors pursuing arbitration under the Agreement for the Promotion, Protection and Guarantee of Investments Among Member States of the Organisation of the Islamic Conference (“OIC Agreement” or “Agre

Contracting for Artificial Intelligence, Part 1: Introduction

By EsqSocial Corporation 01/05/21

For years, the world wanted “real” things in their products – like real milk, real cheese, real juice, and real bacon.

Effects of Employment Authorization Processing Delays on Foreign Workers and Companies

By EsqSocial Corporation 01/05/21

In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field Offices caused a significant delay in Employment Authorization Document (EAD)

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Lamar County Commercial Hazardous Waste Treatment/Storage Facility Enter into Consent Order

By EsqSocial Corporation 01/05/21

The Alabama Department of Environmental Management (“ADEM”) and US Ecology Sulligent, Inc. (“US Ecology”) entered into a March 24th Consent Order (“CO”) addressing an alleged violation of provisions of the ADEM Administrative Code related to hazardous waste. See CO No. 21-XXX-CHW......

New York Decouples from Federal Opportunity Zone Tax Regime

By EsqSocial Corporation 01/05/21

New York State recently enacted its 2021-2022 Budget (the “Budget Bill”), which contains numerous provisions designed to increase the taxation of high-income individuals and corporations.

Secretary of Interior Decentralizes Processing of Requests for Non-Gaming Off-Reservation Fee-to-Trust Land Acquisitions

By EsqSocial Corporation 01/05/21

The Secretary of the Interior issued Order Number 3400 on April 27, concerning the delegation of authority for non-gaming fee-to-trust land acquisitions concerning off-reservation Tribal lands.

Refrigerants/Air Enforcement: U.S. Environmental Protection Agency and Brook Park, Ohio, Recycling Facility Enter into Consent Agreement

By EsqSocial Corporation 01/05/21

The United States Environmental Protection Agency (“EPA”) and KB Trading, Inc. (“KB”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean Air Act regulations addressing: . . .

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed

By EsqSocial Corporation 01/05/21

Uniwest And Virginia’s Anti-Indemnification Statute: The Trap For The Unwary Should Be Closed Source: Virginia Lawyer By James P. Bobotek 04.30.21 When preparing commercial contracts, parties strive for certainty to prevent post-execution risk allocation surprises.

Internal Investigations

By EsqSocial Corporation 01/05/21

Many of our clients are increasingly faced with internal investigations, some with complex compliance or whistleblowing features. Our April client alert looks at some of the key considerations before embarking upon any investigation.

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