News

Cybersecurity and Privacy Policy as a Board of Directors Issue

By EsqSocial Corporation 19/01/17

Cybersecurity and privacy of customer information have become such a critical issues that in-house counsel should treat them as board of directors-level issues. In-house counsel should do that with presentations for their boards of directors that...

New corporate governance requirements in Hong Kong

By EsqSocial Corporation 19/01/17

New corporate governance standards for insurers authorised in Hong Kong came into effect on 1 January 2017. Hong Kong incorporated insurers and overseas insurers with a certain threshold of Hong Kong business must comply with the new guidance note 10...

Only six months remain to register your database with the RNBD

By EsqSocial Corporation 19/01/17

Your Data Controller must register your databases in the RNBD according to the instructions in the user manual of the National Registration Database. The Superintendency of Industry and Commerce, Habeas Data Management has extended the...

The Problem of Lender "Inquiry Notice" Status

By EsqSocial Corporation 19/01/17

If a lender is fully secured, can it just ignore suspicions of borrower misconduct? The danger is that a lender could lose its collateral under these circumstances and be treated as an unsecured creditor. This is exactly what happened to a lender...

California Enacts New Claims Resolution Process for Public Works Projects

By EsqSocial Corporation 19/01/17

If you’re a public entity or contractor involved in public works construction you should be aware of a new law, AB 626, which took effect on the first of this year and establishes a new mandatory claims resolution process for disputes on public works...

DOL Issues Additional Interpretative Guidance on New Fiduciary Rule

By EsqSocial Corporation 19/01/17

On January 13, 2017, the U.S. Department of Labor (the “DOL”) issued the second in a planned three-part set of FAQs on its new fiduciary rule. (For details on the fiduciary rule, see our prior Alert, and for details on the first set of DOL FAQs, see...

Yes, a Fiduciary was held personally liable

By EsqSocial Corporation 19/01/17

In my practice, I always talk about how plan fiduciaries can be held personally liable for any issues regarding their retirement plan. Many plan sponsors just don’t pay any attention to that threat until they see it happen to themselves....

Employment Law – Rest Break Requirement for On-Call Work

By EsqSocial Corporation 19/01/17

Jennifer Augustus, et al. v. ABM Security Services, Inc. - California Supreme Court (December 22, 2016) - The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim of security guards who said...

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They Should Consider Their Options During The Annual Open Enrollment Period

By EsqSocial Corporation 19/01/17

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic “telemarketing” calls that the...

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

By EsqSocial Corporation 19/01/17

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance v. Office of Community...

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