News

A tale of two mergers: Following their losses in DOJ merger challenges, Anthem fights on and Aetna gives up

By EsqSocial Corporation 20/02/17

In the past month, the DOJ and several state governments scored two trial wins in their challenges to mergers among some of the country’s largest health insurers. First, Judge Bates of the District of Columbia blocked the combination of Aetna and...

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

By EsqSocial Corporation 20/02/17

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the Massachusetts Supreme...

UPDATE: Continued Regulatory Focus on US Political Contributions

By EsqSocial Corporation 20/02/17

Recent actions by financial industry regulators, including the Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority, Inc. (“FINRA”), and the Municipal Securities Rulemaking Board (“MSRB”), reflect a continuing focus...

E-Commerce Having a Growing Impact on the Automotive Industry

By EsqSocial Corporation 20/02/17

Most sales projections coming out of last month’s North American International Auto Show indicate a slow, gradual, but extended decline following a banner year in 2016. However, competition and sales activity looks to be rousing in one niche area of...

Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail Wholesale v. Hewlett-Packard (January 19, 2017)

By EsqSocial Corporation 20/02/17

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s high standards for...

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

By EsqSocial Corporation 20/02/17

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action litigation to “assure...

Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims

By EsqSocial Corporation 20/02/17

On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third...

Effectively Defending Adversarial Actions Brought Against Former D&Os in Bankruptcy Court

By EsqSocial Corporation 20/02/17

When private equity investors, hedge funds, distressed asset funds, major shareholders or founders step up and take board positions to help guide or turnaround a troubled company, they often do so for all the right reasons. But after the company...

European Securities and Markets Authority Concerned About MiFID II Loopholes

By EsqSocial Corporation 20/02/17

The European Securities and Markets Authority published a letter, dated February 1, 2017, from it to the European Commission about the potential for loopholes to be exploited in the revised Markets in Financial Instruments package, known as MiFID II....

Business Rates – Check, Challenge...Legislate?

By EsqSocial Corporation 20/02/17

An industry-wide letter has been sent to the Joint Committee on Statutory Instruments concerning proposed changes to the business rates appeals system. New Regulations governing rates appeals are proposed to come into effect from 1 April 2017....

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