News

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...

Another Shot Across The Virtual Bow

By EsqSocial Corporation 03/03/17

This post is a follow-up to my post a couple weeks ago regarding the Zenimax v. Oculus case. As expected, Zenimax filed its motion for an injunction on February 23. The motion itself pulls no punches. It directly and angrily argues that Oculus’s...

US Federal Bank Regulators Issue Revised Economic Scenarios for 2017 Stress Testing

By EsqSocial Corporation 03/03/17

The US Federal Reserve Board, the US Office of the Comptroller of the Currency and the US Federal Deposit Insurance Corporation each released revised economic scenarios for use by certain financial institutions with total consolidated assets of more...

Fourth Circuit Declines to Review Issue of Statistical Sampling Use in FCA Case

By EsqSocial Corporation 03/03/17

On February 14, 2017, the U.S. Court of Appeals for the Fourth Circuit issued a long-awaited opinion in the case U.S. ex rel. Michaels v. Agape Senior Community, Inc. et al. (case number 15-2145 and 15-2147). In this FCA case, the district court had...

EPA Issues Guidance for Characterization and Remediation of Contaminated Sediment Sites Under CERCLA

By EsqSocial Corporation 03/03/17

In a Directive sent to Regional Administrators on January 9, 2017, the U.S. Environmental Protection Agency (“EPA”) Office of Land and Emergency Management has identified eleven recommendations intended to facilitate the development, evaluation,...

Advertising Law - March 2017

By EsqSocial Corporation 03/03/17

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit in which it argued that the...

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