News

Not a Bad Place to Be: Fifth Circuit Addresses the “Highly Compensated” Exemption Under the FLSA

By EsqSocial Corporation 05/09/19

Sometimes employment laws can make the common person’s head spin. That certainly could be the case for a recent Fifth Circuit opinion examining the “highly compensated” regulatory exemption from the overtime requirements of the FLSA....

United States and Japan Reach "Agreement in Principle," but Questions and Obstacles Remain

By EsqSocial Corporation 05/09/19

On August 25, 2019, President Donald Trump and Japanese Prime Minister Shinzo Abe jointly announced that the United States and Japan have reached an agreement on core principles of a bilateral trade agreement covering agricultural market access,...

“Click to Accept” Arbitration: A Cautionary Tale

By EsqSocial Corporation 05/09/19

A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v. PrimeLending, the U.S. Court of...

SEC Staff Issues No-Action Letter Extending Existing Multi-Manager Exemptive Relief to Non-Wholly-Owned Affiliated Sub-Advisers

By EsqSocial Corporation 05/09/19

On July 9, 2019, the staff of the SEC’s Division of Investment Management issued a no-action letter to the BNY Mellon family of funds and BNY Mellon Investment Adviser, Inc. (collectively, BNYM) stating that the staff would not recommend enforcement...

PTAB Strategies and Insights - August 2019: PTAB Extends Discretionary Denial Factors to Parallel ITC Proceedings

By EsqSocial Corporation 05/09/19

In IPR2019-00567 (Paper 23 at 29-30) and IPR2019-00568 (Paper 22 at 23-24), the PTAB, for potentially the first time, denied institution partially based on the Petitioner raising the same issues in its Petition that had been resolved against them in...

The Bubbler – We’ll Wake You Up When September Ends

By EsqSocial Corporation 05/09/19

We know August was exhausting for employers – New York, New Jersey, Maine, Colorado, and yes, even Alabama – all kept you on your toes with new and updated employment legislation that represents an array of new compliance obligations. These new...

Use ‘Fresh-Picked’ Metaphors

By EsqSocial Corporation 05/09/19

Amid the chaos this week in the British Parliament, Prime Minister Boris Johnson referred to opposition leader Jeremy Corbyn, calling him a “chlorinated chicken” and, oddly, “a great big girl’s blouse.” While certainly original, the meaning of these...

GSA Is Improving FBO As Part of Its Consolidation of Ten Acquisition Websites

By EsqSocial Corporation 05/09/19

The General Services Administration (GSA) is in the process of substantially revising the Fed Biz Opps (FBO) website in its process of consolidating 10 GSA-managed acquisition and assistance websites. By the first quarter of fiscal year 2020, GSA...

How Dependent Must a Dependent Contractor Be?

By EsqSocial Corporation 05/09/19

The distinction between employees, independent contractors, and dependent contractors is a well-established part of Canadian employment law. But where to draw the line between independent contractors and dependent contractors in any given...

Decision to Deny Institution not Reviewable Despite Prior PTAB Trial

By EsqSocial Corporation 05/09/19

In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial. BioDelivery...

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