News

Orrick's Financial Industry Week In Review

By EsqSocial Corporation 03/03/17

CFTC Indicates Willingness to Help Incubate Fintech - On February 21, 2017, J. Christopher Giancarlo, the acting chairman of the U.S. Commodity Futures Trading Commission ("CFTC"), has diverged from other U.S. federal regulators, signaling he...

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

By EsqSocial Corporation 03/03/17

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S. Army Corp of Engineers...

Quit (Illicit) Smoking – new proposals will affect landlords

By EsqSocial Corporation 03/03/17

Landlords could potentially find themselves hit with new lease requirements, periodic checking obligations and even financial penalties following the publication of the ‘Sanctions to tackle tobacco duty evasion and other excise duty evasion’...

Alert: Destruction of Evidence During Antitrust Investigation Leads to Stiff Sentence

By EsqSocial Corporation 03/03/17

The DOJ's investigation into price fixing and bid rigging in the automotive parts industry has yielded another conviction, but not one for violation of the antitrust laws. Instead, a company executive recently pleaded guilty to obstruction of justice...

Upon Further Review: Supreme Court Weighs Deference Due District Courts in EEOC Subpoena Proceedings

By EsqSocial Corporation 03/03/17

In a recent oral argument before the U.S. Supreme Court, the justices considered a narrow procedural issue that could have broader implications for the subpoena power of the U.S. Equal Employment Opportunity Commission (“EEOC”). At issue in McLane...

Tough New Cybersecurity Regulations from the New York Department of Financial Services Go Live

By EsqSocial Corporation 03/03/17

Yesterday, March 1, 2017, marked the effective date of a set of cybersecurity regulations promulgated by the New York Department of Financial Services (NYDFS) for the banking, insurance, and financial sectors operating in the State of New York. The...

Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

By EsqSocial Corporation 03/03/17

The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the insured more than the amount...

Federal Appeals Court Concludes that Employer Violates Fair Credit Reporting Act by Including Liability Waiver in Mandated Disclosure

By EsqSocial Corporation 03/03/17

Employers procuring credit reports for applicants or current employees must navigate exacting disclosure and procedural requirements under the Fair Credit Reporting Act (FCRA). In a question of first impression in the federal courts of appeal, the...

Spring has Sprung — and so have New York Cybersecurity Regs

By EsqSocial Corporation 03/03/17

The beginning of March, and a spell of unseasonably warm weather, graced the Northeast this week. So too did New York’s first-in-the-nation cybersecurity regulations. As we reported here in January, the initial launch of regulations was scuttled in...

DOL Fiduciary Rule: Proposed Delay to the Applicability Date

By EsqSocial Corporation 03/03/17

The DOL’s proposal comes in response to the Presidential Memorandum issued on February 3, 2017, regarding the Fiduciary Rule. The Presidential Memorandum directed the DOL to conduct an updated impact assessment on whether the Rule “may adversely...

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