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How Does The Subject Matter Waiver Doctrine Apply In The Work Product Context?

By EsqSocial Corporation 29/08/19

Many lawyers fear that disclosing attorney-client privileged communications might trigger a subject matter waiver – requiring disclosure of additional related privileged communications. Fortunately, that risk has diminished through common law...

SEC Releases New Guidance Related to the Proxy Voting Process for Investment Advisers and Proxy Advisory Firms

By EsqSocial Corporation 29/08/19

Following a 3-2 vote last week, the Securities and Exchange Commission has released two pieces of guidance related to the proxy voting process: ..Commission Guidance Regarding Proxy Voting Responsibilities of Investment Advisers (the “IA Guidance”);...

Non-Disclosure Agreements and Arbitration Clauses in the #MeToo Era

By EsqSocial Corporation 29/08/19

With the proliferation of the #MeToo movement in late 2017 came concerns over the role that employment contracts and settlement agreements played in concealing abuse by high-level executives. Confidentiality, non-disclosure and “forced arbitration”...

Third Circuit Clarifies Board Observers Are Not Subject to Section 11 Liability

By EsqSocial Corporation 29/08/19

It is common for investors in venture capital and private equity transactions, and in other investment arrangements, as a condition to their investment, to have rights to appoint board observers when director representation is not available. An...

CCPA Security FAQs: Does the CCPA identify a minimum statutory damage that must be awarded?

By EsqSocial Corporation 29/08/19

Yes. Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to unauthorized access and...

Committee on Foreign Investment in the United States – Key Questions Answered On CFIUS

By EsqSocial Corporation 29/08/19

What is CFIUS? CFIUS stands for the Committee on Foreign Investment in the United States. It is a US federal, interagency group with authority to review certain foreign investments in US businesses to determine whether such transactions threaten to...

83-year-old Houston lawyer is accused of slapping the attorney who is suing him

By EsqSocial Corporation 29/08/19

Activist Investor to Pay $609,810 to Settle HSR Violations

By EsqSocial Corporation 29/08/19

Activist investor Third Point LLC and three funds that it controls have agreed to settle Federal Trade Commission charges that the funds violated the premerger notification and waiting period requirements of the Hart-Scott-Rodino Act, or HSR Act,...

US Board Diversity: Slow-Moving Change

By EsqSocial Corporation 29/08/19

It is hard to admit it but most boards fall well short in dedicating themselves to ethics and compliance. I have a significant list of concerns – boards do not understand how to oversee and monitor a compliance program; boards spend little time to...

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

By EsqSocial Corporation 29/08/19

En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el solicitante cumplió con éxito con...

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