News

Chancery Applies California Law Despite a Delaware Choice-of-Law Provision and Dismisses a Claim for Breach of a Non-Solicitation Provision in an Employment Agreement as Unenforceable under California Law

By EsqSocial Corporation 05/09/19

NuVasive Inc. v. Miles, C.A. No. 2017-0720-SG (Del. Ch. Aug. 26, 2019). When a contract, executed by parties in a foreign jurisdiction, designates Delaware law as controlling, Delaware courts must first determine whether the choice-of-law provision...

[Video] Daily Compliance News: September 5, 2019- NCAA spanked yet again edition

By EsqSocial Corporation 05/09/19

In today’s edition of Daily Compliance News: • Google fined for violating child privacy. (NYT) • Judge denies NCAA access to FBI corruption material. (247Sports) • Wells Fargo reads NYT story, starts internal investigation. (NYT) • Odebrecht fined...

[Video] Converge19-Norm Hodne on Bridging the Digital Divide

By EsqSocial Corporation 05/09/19

CONVERGE19 is in its 4th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. You will leave the conference with new...

Proposed Senate Bill Would Significantly Impact Certain Private Funds and Their Affiliates

By EsqSocial Corporation 04/09/19

Recently, a group of Congress members introduced into Congress Senate Bill 2155 named the Stop Wall Street Looting Act of 2019. Although unlikely to be enacted into law as drafted, this proposed legislation would directly and substantially affect a...

Update to ASX Guidance Note 9 – Disclosure of Corporate Governance Practices

By EsqSocial Corporation 04/09/19

ASX has amended ASX Listing Rules Guidance Note 9 Disclosure of Corporate Governance Practices (GN9), which is due to become effective on 1 January 2020 (the same date as the fourth edition of the Corporate Governance Principles and Recommendations...

Australian Financial Services Subject to Perfect Storm of Enforcement

By EsqSocial Corporation 04/09/19

Recent strategies and initiatives announced by Australia's corporate and prudential regulators and the Australian government's release in August 2019 of its Financial Services Royal Commission Implementation Roadmap provide a very clear signal—a new...

SEC Proposes Modifications to Cross-Border Application of Security-Based Swaps Regime

By EsqSocial Corporation 04/09/19

The Securities and Exchange Commission (SEC) continues to take steps toward implementation of its security-based swap (SBS) dealer registration framework. A particular area of concern for market participants has been how the SEC’s requirements will...

Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite Supervision

By EsqSocial Corporation 04/09/19

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc. (“McMillin”) was the developer...

Eleventh Circuit Finds No Harm in a Single Multimedia Text Message

By EsqSocial Corporation 04/09/19

In Salcedo v. Hanna, No. 17-14077 (11th Cir. 2019), the Eleventh Circuit recently ruled that receipt of a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone Consumer Protection Act...

Federal Court Relies on PTAB Findings in Denying Section 101 Summary Judgment Motion

By EsqSocial Corporation 04/09/19

Despite the prohibition on patenting “abstract ideas” and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an inventive concept....

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