News

First Department Allows $45 Million Fraud Claim to Proceed Against Patriarch Partners

By EsqSocial Corporation 03/03/17

In Norddeutsche Landesbank Girozentrale v. Tilton, No. 651695/15, 2017 BL 55790 (App Div, 1st Dep’t Feb. 23, 2017), a divided panel of the Appellate Division, First Department, affirmed a Commercial Division order that denied a motion to dismiss a...

PTAB Finds Patent Eligibility in a CBM Proceeding, With a Dissent Challenging the Federal Circuit

By EsqSocial Corporation 03/03/17

In a final written decision, the PTAB found all challenged claims patent-eligible in Tradestation Group, Inc. v. Trading Tech. Int’l, Inc., CBM2015-00161, Paper 129 (P.TA.B. Feb. 17, 2017), an uncommon result in a CBM proceeding. But this case is...

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

By EsqSocial Corporation 03/03/17

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt with an employee’s...

The I-9: How Much Trouble Can One Piece Of Paper Cause?

By EsqSocial Corporation 03/03/17

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with orientation paperwork” as an...

Trump Administration Immigration Actions’ Disproportionate Impact on Certain Industries

By EsqSocial Corporation 03/03/17

The food, construction, and healthcare sectors are concerned about fallout from the crackdown on immigration called for in Secretary John Kelly’s Implementation Memos, President Donald Trump’s travel ban, and possible new legislation aimed at...

China Employment Law Alert: Chinese Employers Now Subject to New Grading System

By EsqSocial Corporation 03/03/17

The Chinese Ministry of Human Resources and Social Security (MHRSS) has launched a new nationwide grading system to evaluate employers’ employment law compliance. This system has been put in place via the Measures for the Grading of Enterprises’...

Effective Date of Beryllium Rule Delayed Again

By EsqSocial Corporation 03/03/17

This week, OSHA announced a proposed delay in the effective date of its new Beryllium rule. Its second extension request. The effective date was previously delayed from January 9, 2017 until March 21, 2017....

New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review

By EsqSocial Corporation 03/03/17

In Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (N.Y. App. Div. Feb. 2, 2017), the Appellate Division of the Supreme Court of the State of New York, First Judicial Department (the “First Department”), reversed an order...

XBRL for Foreign Private Issuers: Coming in 2018

By EsqSocial Corporation 03/03/17

The SEC will require foreign private issuers that report in IFRS to submit XBRL financial statements for annual reports filed during 2018. On March 1, 2017, the Securities and Exchange Commission (SEC) published a taxonomy to permit, and...

US Commodity Futures Trading Commission Provides Time-Limited No-Action Relief for Aggregation Notice Filings for Position Limits

By EsqSocial Corporation 03/03/17

The CFTC’s Division of Market Oversight issued a time-limited no-action letter stating that, from February 14, 2017 to August 14, 2017, it will not recommend an enforcement action for failure to file a notice when relying on certain aggregation...

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