News

Another Zoloft Daubert Win: How Many Strikes Before The Plaintiffs Are Out?

By EsqSocial Corporation 11/12/15

Everybody knows that it is three strikes and you are out in baseball. (Bexis and Ken Burns could discuss the history of baseball’s rules on balls and strikes in the nineteenth century, but we will stick with the public consciousness at least since...

Corporate Alert: Reverse Takeovers Consultation Paper: ASX Should Not Increase Regulation

By EsqSocial Corporation 11/12/15

The Australian Securities Exchange (ASX) has issued a Consultation Paper on whether reverse scrip takeover bids should require a vote by the bidder's shareholders. The answer is that a vote should only be required if the reverse bid will lead to a...

By The Book: Transforming Handbooks Into Contracts In Langenkamp V. Olson

By EsqSocial Corporation 11/12/15

A recent summary order from the United States Court of Appeals for the Second Circuit – which exercises federal appellate jurisdiction over New York, Connecticut and Vermont — serves as a reminder that an employer’s reliance upon its employee...

Corporate Governance Survey — 2015 Proxy Season Results

By EsqSocial Corporation 11/12/15

A Comparison of Large Public Companies and Silicon Valley Companies - As outside legal counsel to a wide range of public companies in the technology and life sciences industries, many of which are based in Silicon Valley, Fenwick has collected...

CFPB Releases Second CARD Act Report

By EsqSocial Corporation 11/12/15

On December 3, 2015, the Consumer Financial Protection Bureau ("CFPB" or “Bureau”) released its second biennial report on the consumer credit card market (“Report”), as required by the Credit Card Accountability Responsibility and Disclosure Act...

When Prior Terminal Disclaimers Continue to Punish Subsequent Applications: A Potential Danger in Filing an Overly-Broad Terminal Disclaimer

By EsqSocial Corporation 11/12/15

A recent U.S. District Court decision has clarified a potential danger when filing terminal disclaimers that contain overly-broad language. The U.S. District Court for the Northern District of Illinois in Hagenbuch v. Sonrai Systems interpreted the...

Employers Must Use Reasonable Diligence When Searching for Voter Personal Contact Information for Union Elections

By EsqSocial Corporation 11/12/15

Under the new union election rules which became effective on April 14, 2015, an employer must file with the National Labor Relations Board (“Board”) and provide to the petitioning union, a list of all voters (including those voting under challenge)...

The Second Circuit Swims Alone Against the Tide in Tossing ATS Claims against the Arab Bank

By EsqSocial Corporation 11/12/15

On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court’s dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the “ATS”) 28.U.S.C §1350 on the grounds that...

The World in US Courts: New Decision of the US Supreme Court Limits Suits Against Non-US Governmental Entities

By EsqSocial Corporation 11/12/15

The US Foreign Sovereign Immunities Act (“FSIA”) codifies the doctrine of sovereign immunity and generally prohibits lawsuits in US courts against non-US sovereigns. But the FSIA has an exception where, among other things, a claim is “based upon” the...

New Transit Benefit Requirements for D.C. and New York Employers Effective January 1, 2016

By EsqSocial Corporation 11/12/15

Two new laws require employers in Washington, D.C. (D.C.) and New York City (NYC) to offer pre-tax transit benefits, effective on January 1, 2016. Employers with employees in these cities must take action quickly to ensure compliance with the new...

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