News

USTR Launches Section 301 Probe of France's Digital Services Tax

By EsqSocial Corporation 12/07/19

The Office of the U.S. Trade Representative (“USTR”) announced on July 10 the initiation of an investigation under Section 301 of the Trade Act of 1974 into France’s digital services tax (“DST”). The French Senate subsequently passed the DST on July...

"Approved As To Form" Is No "Sick Chicken"

By EsqSocial Corporation 12/07/19

Attorneys often sign settlement agreements under the words "approved as to form" or "approved as to form and content". In signing the settlement agreement, an attorney may not expect to be bound by the settlement, but should she? That question was...

Congress Considers Removing Country Caps for Employment-Based Immigrant Visas and Proposes Changes to H-1B Visa Program

By EsqSocial Corporation 12/07/19

On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times by eliminating...

The FATF’s recommendations for the cryptocurrency industry: Summary and implications

By EsqSocial Corporation 12/07/19

What is the Financial Action Task Force? Founded in 1989, the Financial Action Task Force (FATF) is an inter-governmental policy making body established by the ministers of its 37 member countries (one of which is Canada). The FATF creates...

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Madison County, Alabama, Metal Finishing Facility Enter into Consent Order

By EsqSocial Corporation 12/07/19

The Alabama Department of Environmental Management (“ADEM”) and Aerostar Industries, Inc. (“Aerostar”) entered into a June 12th Consent Order (“CO”) addressing alleged violations of the Alabama Code related to hazardous waste. See Consent Order No....

United States Supreme Court Limits Deference Standard in Kisor v. Wilkie Decision

By EsqSocial Corporation 12/07/19

On June 26, 2019, the United States Supreme Court issued its decision in Kisor v. Wilkie. After hearing oral arguments in March, the Court considered whether to overrule the Auer deference standard, the long-standing doctrine of administrative agency...

Managing Problematic Hospital-Based Physicians in Light of Economy v. Sutter East Bay Hospitals

By EsqSocial Corporation 12/07/19

Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and medical groups need to be...

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement

By EsqSocial Corporation 12/07/19

ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC. Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Broad patent claims were invalid as not enabled because the relevant art...

Off-Payroll Working Rules

By EsqSocial Corporation 12/07/19

From April 2020 the responsibility for determining whether engagements with individuals who provide their services through an intermediary (typically a “PSC”) are within the off-payroll working rules shifts to the client for engagements in the...

Trump Administration Withdraws Proposed Rebate Rule

By EsqSocial Corporation 12/07/19

In an unexpected turn of events, the Trump administration has apparently reversed course and has withdrawn the proposed rule that would have amended the discount safe harbor under the Anti-Kickback Statute to eliminate protections for certain drug...

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