News

More on Missouri – What To Expect and Not To Expect After Dolan

By EsqSocial Corporation 06/03/17

This is a follow-up to our post last week on the Missouri Supreme Court’s momentous personal jurisdiction decision in State ex rel. Norfolk Southern Railway Co. v. Dolan, ___ S.W.3d ___, 2017 WL 770977 (Mo. Feb. 28, 2017) (“NSRC”). We stated last...

Supreme Court Likes Reality in Business Rates

By EsqSocial Corporation 06/03/17

The disputed rates in Newbigin (Valuation Officer) (Respondent) v S J & J Monk (a firm) (Appellant) relate to building works in 2012 and the question was whether the rating list could give the building a £1 nominal value or whether it had to assume a...

The shifting standard for IPR estoppel: Where are we now?

By EsqSocial Corporation 06/03/17

There is no doubt that inter partes review proceedings (IPRs) are now the favored mechanism for invalidating patents. The Patent Trial and Appeal Board (Board) is the single largest venue for U.S. patent disputes, beating out even the Eastern...

Who are the Medicaid Able-Bodied?

By EsqSocial Corporation 06/03/17

Medicaid expansion in the Affordable Care Act (ACA) required coverage of individuals with incomes from 0% of poverty through 133% of poverty. The requirement to cover this group was overturned in NFIB v. Sebelius. As a result, it is now up to...

Could 2017 Really Be the Year that Marijuana Becomes Decriminalized?

By EsqSocial Corporation 06/03/17

Additional legislation is being introduced in U.S. Congress attempting to decriminalize marijuana. The latest, HR 1227 entitled “Ending Federal Marijuana Prohibition Act of 2017” was introduced on February 27th. The bill was introduced by a...

The St. Louis Minimum Wage Returns From the Dead

By EsqSocial Corporation 06/03/17

On August 28, 2015, the City of St. Louis passed an ordinance raising the minimum wage to $11.00 per hour by January 1, 2018. The ordinance initially increased the minimum wage to $8.25 per hour with an October 15, 2015 effective date and phased in...

Court Of Chancery Stresses Importance Of Records Demand In Lead Counsel Battle

By EsqSocial Corporation 06/03/17

When asked to choose the lead plaintiff and class counsel, the Court of Chancery applies the well-known Hirt factors. As this decision demonstrates, the Court also will place some significant weight on which of the competing plaintiffs used a books...

Coherus Files Two More Petitions for IPR of Abbvie’s ‘619 Humira Patent

By EsqSocial Corporation 06/03/17

Coherus Biosciences has filed two petitions for inter partes review of Abbvie’s U.S. Patent 9,085,619. (IPR2017-01008 and IPR2017-01009). Coherus recently filed four other petitions for inter partes review of the ‘619 patent, as we’ve reported....

On Second Thought, DOL Proposes 60-Day Delay to Fiduciary Rule Applicability Date

By EsqSocial Corporation 06/03/17

On March 1, 2017, the Department of Labor’s (DOL) issued a proposed rule to extend the Fiduciary Rule applicability date by 60 days. The current applicability dates for the Fiduciary Duty Rule and prohibited transaction exemptions are set for April...

SEC Adopts Use of Exhibit Hyperlinks in Filings

By EsqSocial Corporation 06/03/17

We reported in September 2016 on proposed Securities and Exchange Commission rules requiring the use of hyperlinks to exhibits in most registration statements and periodic and current reports. On March 1, 2017, the SEC adopted final rules, largely in...

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