News

NLRB General Counsel Takes a Bold Stance on Student Athletes

By EsqSocial Corporation 07/02/17

More than a year and a half after the National Labor Relations Board (NLRB or the Board) ruled that Northwestern University’s football players could not form a union, NLRB General Counsel Richard Griffin announced his conclusion that scholarship...

Blue Shield Of California Avoids TCPA Class Action Over Pre-Recorded Call

By EsqSocial Corporation 07/02/17

On January 13, 2017, the United States District Court for the Central District of California granted Blue Shield of California’s motion for summary judgment in a case on whether the insurer violated the Telephone Consumer Protection Act (“TCPA”)....

A Cautionary Comment on PAGA (or Plaintiffs’ Attorneys Getting Around) Legislative Intent

By EsqSocial Corporation 07/02/17

Seyfarth Synopsis: Sometimes, plaintiffs’ attorneys have circumvented a key aspect of the California Legislature’s intent in enacting PAGA: limiting standing to pursue penalties for Labor Code violations to those employees who were actually harmed....

Federal Appellate Rule Changes

By EsqSocial Corporation 07/02/17

The amendments to the Federal Rules of Appellate Procedure, effective December 1, 2016, arise, for the most part, out of changes in technology. Some of the amendments refine prior Rules that, while taking into account technology, were nevertheless...

Delaware Court of Chancery Rejects Bylaw That Required Supermajority Stockholder Vote to Remove Directors in Violation of 8 Del. C. § 141(k)

By EsqSocial Corporation 07/02/17

In Frechter v. Zier, C.A. No. 12038-VCG, 2017 WL 345142 (Del. Ch. Jan. 24, 2017) (Glasscock, V.C.), the Delaware Court of Chancery granted plaintiff’s motion for summary judgment on a declaratory relief claim and held that 8 Del. C. § 141(k)...

"Navigating the Challenges of Chinese Acquisitions of US Insurers"

By EsqSocial Corporation 07/02/17

Chinese investment in the U.S. insurance industry continued steadily in 2016, notwithstanding efforts by the Chinese government to impose new restrictions on outbound M&A. (See "Regional Focus: Asia.") Examples of such investments included China...

The Franchise Disclosure Document – A Brief Primer

By EsqSocial Corporation 07/02/17

The scenario: You operate a prosperous business and believe that the concept can be successful in other markets. But given financial constraints or otherwise, you determine that franchising the business will likely result in the best return. You can...

Cheerleaders Slam NFL with Suit

By EsqSocial Corporation 07/02/17

Just before the Big Game, a former cheerleader for the San Francisco 49ers “Gold Rush Girls” filed a class action lawsuit against the NFL, claiming the league conspired to keep the female athletes’ pay below market value. Seeking up to $300 million...

ISO’s Privacy Standard for Cloud Service Providers

By EsqSocial Corporation 07/02/17

In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) issued a new security standard – ISO 27018 – which attempts to outline best practices for public cloud service providers on...

CMS Issues Final Rule on New Medicare and Medicaid Conditions of Participation for Home Health Agencies

By EsqSocial Corporation 07/02/17

The Centers for Medicare & Medicaid Services (CMS) recently issued a final rule, 42 C.F.R. pt. 484, implementing significant changes to the conditions of participation (CoPs) that home health agencies (HHAs) must satisfy to participate in the...

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