News

Section 363 Sales Considerations

By EsqSocial Corporation 23/04/25

Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy through a “363” sale process.

What’s Good for the Goose is Good for the Government

By EsqSocial Corporation 23/04/25

Sterry v. Minnesota Department of Corrections, 8 N.W.3d 224 (Minn. 2024) places Minnesota governmental employers on the same footing as private employers for the purposes of vicarious liability. The State, cities, and counties fought against the result.

NAD Decision Addresses Review Claims

By EsqSocial Corporation 23/04/25

Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers.

Key Considerations for Solar Panel Rooftop Leases

By EsqSocial Corporation 23/04/25

Solar panel rooftop leases have become increasingly popular among real estate owners in Florida, and beyond, as an additional revenue generator for commercial properties, in large part because owners often perceive them as low-hanging fruit: a steady cash flow from the tenant to install and opera

Establishing a Business Entity in Liechtenstein (Updated)

By EsqSocial Corporation 23/04/25

The Principality of Liechtenstein lies at the centre of Europe, nestled between Switzerland and Austria, next to the river Rhine. The form of government is a constitutional monarchy established on democratic parliamentary principles.

CFPB and OCC Signal Strategic Shifts in Supervision and Enforcement

By EsqSocial Corporation 23/04/25

In April 2025, both the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC) announced significant changes to their supervisory and enforcement approaches, signaling a shift in regulatory priorities that will have implications across the financial se

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

By EsqSocial Corporation 23/04/25

In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow relating to an Illinois commercial property.

Lengthy Opinion Delivered Regarding In Terrorem Clause

By EsqSocial Corporation 23/04/25

It is a rare day that the Court of Appeals, New York’s highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause.  But speaketh they did, on April 17, 2025, in a lengthy opinion with a 13-page dissent to boot (Carlson v.

SB 343 Final Findings Report and Implications for EPR Obligations Under SB 54

By EsqSocial Corporation 23/04/25

California recycling claims restrictions - On April 4, 2025, the California Department of Resources Recycling and Recovery (CalRecycle) published its Final Findings of the SB 343 Material Characterization Study.

Wyoming Joins the List of States Banning Some Noncompete Agreements

By EsqSocial Corporation 23/04/25

On March 19, 2025, Wyoming became one of the latest states to enact legislation banning noncompete agreements.

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