News

“Death by a Thousand Cuts” – Commercial Landlord Liable for Constructive Eviction Based on Cumulative Interference with Tenant’s Quiet Enjoyment

By EsqSocial Corporation 25/11/15

In its recent decision, Sears, Roebuck & Co. v. 69th Street Retail Mall, L.P., 2015 WL 5778622, the Pennsylvania Superior Court affirmed the liability of a commercial landlord on a claim of constructive eviction based on the cumulative effect of...

2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds

By EsqSocial Corporation 25/11/15

Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds. The 88-page report is a summary of significant legal changes and developments in the private funds space during 2015, as well as a...

FCC Seeking Expedited Comment on Opening Service Provider Opportunities between U.S. and Cuba

By EsqSocial Corporation 25/11/15

With President Obama’s announcement last December that the United States is charting a new course in its relations with Cuba, the Federal Communications Commission (“FCC” or “Commission”) is taking expedited steps to open up the provision of...

Trademark Review | November 2015

By EsqSocial Corporation 25/11/15

I AM Similar - The Trademark Trial and Appeal Board (TTAB) affirmed the examiner’s decision to deny three applications for “I AM” marks filed by i.am.symbolic, LLC (“Applicant”), finding that Applicant’s proposed “I AM” mark was confusingly...

Post-Approval Quality Control Testing of Pharmaceutical Products: What Constitutes 35 U.S.C. § 271(g) Infringement or Falls Under the 35 U.S.C. § 271(e)(1) Safe Harbor?

By EsqSocial Corporation 25/11/15

The Federal Circuit recently affirmed that a generic pharmaceutical company’s use of post-approval quality control testing was not “making” under 35 U.S.C. § 271(g). See Momenta Pharmaceuticals, Inc. et al. v. Teva Pharmaceuticals USA Inc., Nos....

Constitutionality of 8(a) Program Reaffirmed

By EsqSocial Corporation 25/11/15

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an argument that the program is...

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

By EsqSocial Corporation 25/11/15

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman (2015) 241 Cal.App.4th...

A&B Healthcare Week in Review, November 2015

By EsqSocial Corporation 25/11/15

I. REGULATIONS, NOTICES, & GUIDANCE - On November 21, 2015, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule entitled “Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for...

Massive Fraud Alleged by Camarillo Pharmacist

By EsqSocial Corporation 25/11/15

Russell Reitz, a Camarillo pharmacist, with a modest prescription-filling service, R&O Pharmacy, sold his business to Philidor Rx Services, a mail-order pharmacy, for $350,000. Reitz stayed on as manager, only to see an avalanche of insurance money...

Outlook: What does the future hold?

By EsqSocial Corporation 25/11/15

Historically, financial sponsors approached financial services investments with caution. Since the financial crisis, however, things have changed, creating valuable opportunities for financial sponsors to invest in a sector that traditionally has...

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