News

Brexit Update: The Effect of Brexit on Data Transfers between the United Kingdom and the European Union

By EsqSocial Corporation 01/07/16

In Depth - With the United Kingdom having voted to leave the European Union (Brexit) on 23 June 2016, the free flow of personal data between the United Kingdom and the EU and European Economic Area (EEA) countries is at risk. Should the United...

Major Changes To Nondiscrimination Requirements Under ACA Effective Soon: Are Covered Entities Ready?

By EsqSocial Corporation 01/07/16

The HHS Office of Civil Rights (“OCR”) published a final rule May 18, 2016, broadening the nondiscrimination requirements applicable to all health programs and activities receiving federal financial assistance from HHS, those administered by HHS, and...

Coffelt v. NVIDIA Corp. (C.D. Cal. 2016) - Mathematical Algorithm Found to be Unpatentable

By EsqSocial Corporation 01/07/16

On June 21, 2016, the U.S. District Court for the Central District of California issued an order granting a motion to dismiss pursuant to Rule 12(b)(6) for lack of patentable subject matter under 35 U.S.C. § 101. Defendants NVIDIA Corp., Autodesk,...

Trade secrets law in the Internet age

By EsqSocial Corporation 01/07/16

How do you maintain a trade secret in the Internet age? As in the punch line to an old joke, “VERY CAREFULLY.”...
By: Thompson Coburn LLP

Implied False Certification Theory as Basis for FCA Liability Endorsed by Supreme Court with Limits

By EsqSocial Corporation 01/07/16

In a recent and highly anticipated opinion that will significantly affect healthcare providers and other government contractors, the U.S. Supreme Court unanimously ruled that the “implied false certification theory” is a valid basis for liability...

NH net metering under review

By EsqSocial Corporation 01/07/16

New Hampshire utility regulators have paused their review of a utility’s proposed changes to rates for customers with solar and other distributed energy resources, pending a more holistic review of the state’s net metering policy. Interest now...

Administration Signals Intent to Challenge Judicial Decision That Struck Down Fracking Rule as Unlawful

By EsqSocial Corporation 01/07/16

On June 24, the Obama Administration filed its notice of appeal to challenge last week’s federal court decision to strike down the newest regulation over hydraulic fracturing on federal and Indian lands by the Bureau of Land Management (BLM) as being...

Employment Agreements: Current Issues

By EsqSocial Corporation 01/07/16

Employment agreements are not unusual, particularly for managers and executives. As new laws come into existence and as the work environment is changed by data and data security, drafting adequate, enforceable agreements can be a challenge. Before...

Supreme Court Declines to Review Second Circuit Decision Subjecting Defaulted Debt Buyers to State Usury Laws

By EsqSocial Corporation 01/07/16

On June 27, the United States Supreme Court declined to review the Second Circuit’s decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). By denying Midland Funding, LLC’s petition for a writ of certiorari, the Court allowed the...

When Settlement and Secrecy Do Not Mix

By EsqSocial Corporation 01/07/16

Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and secrecy may be like water...

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