News

CARD Act Report Summary

By EsqSocial Corporation 28/12/15

The CFPB recently issued its 2015 CARD Act report on the consumer credit card market (the “Report”). The Report cites a significant amount of data with respect to the credit card market, including regarding use – e.g., number of accounts, total...

Lost-Profits Damages Available Despite 50 Percent Price Disparity - Akamai Techs., Inc. v. Limelight Networks, Inc.

By EsqSocial Corporation 28/12/15

The U.S. Court of Appeals for the Federal Circuit found that lost-profits damages were available in a situation where the accused product sold for half the price of the patentee’s product, and consequently remanded the case for reinstatement of the...

Case Alert: Negative Oral Reference Found to be Discrimination Arising from Disability

By EsqSocial Corporation 28/12/15

In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal (the "EAT") ruled that to make a successful claim of disability discrimination, the employee need show only that the disability was part of the reason for the...

State Water Board Releases Proposed Framework for Extending Emergency Water Conservation Regulations in California

By EsqSocial Corporation 28/12/15

Public Comments Due Jan. 6 - The State Water Resources Control Board released a proposed regulatory framework for extending statewide emergency water conservation mandates through October 2016. The framework could result in water conservation...

Citizen, Soldier, Small-Business Owner? Commercial Lending and The Servicemembers Civil Relief Act

By EsqSocial Corporation 28/12/15

The Servicemembers Civil Relief Act, 50 U.S.C.A. § 3901, provides certain protections to military service members regarding their financial obligations. The act applies to virtually every type of debt that a service member may obtain. It provides...

Ending the Year With A Bang: NYC Bans “Caregiver” Discrimination and Issues Sweeping Gender Identity/Expression Discrimination Guidance

By EsqSocial Corporation 28/12/15

So much for a quiet year-end for New York City employers. In the final weeks of 2015, NYC government officials took two actions that will have a significant impact on the city’s business community, first passing a bill banning “caregiver”...

FRANCHISOR 101: Catch-all Disclaimers No Substitute for Untrained Salespeople

By EsqSocial Corporation 28/12/15

How strong are "non-reliance disclaimers" or "integration" or "merger" provisions in franchise agreements at protecting a franchisor when it really matters? Only so much, a New York court recently decided....
By: Lewitt Hackman

Can I Sue for Mortuary or Funeral Home Negligence?

By EsqSocial Corporation 28/12/15

The law recognizes that death is sacred and that it is not to be treated lightly. Society reserves death as the most severe punishment for its worst criminal law offenders and it recognizes that neglect in the context of death is particularly egregious.

Ban the Box Update Round Up: Portland, Philadelphia and New Jersey

By EsqSocial Corporation 28/12/15

The past several weeks have seen a flurry of “ban the box” developments, including: ..The passage of a law in Portland, Oregon banning the box for private employers; ..The passage of amendments expanding the ban the box law in Philadelphia,...

Judge Judy Lists $11M Condo for Sale

By EsqSocial Corporation 28/12/15

Henry David Thoreau, historical advocate of simple living and author of Walden, wrote that wealth is the ability to fully experience life. But for some, people wealth is something less abstract and more tangible. Celebrity real estate deals often demonstrate this point.

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