News

Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing

By EsqSocial Corporation 20/01/17

On November 17, 2016, the US Court of Appeals for the Third Circuit in Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC, No. 16-1351 (3d Cir. Nov. 17, 2016) clarified the often-muddy interplay between indenture acceleration provisions...

Fractions And Squeeze Outs

By EsqSocial Corporation 20/01/17

The last two posts have discussed what a corporation may do with fractions of shares. I entitled the first of these posts “Breaking Up Is Not Hard To Do – Fractions, Scrip And Scrippage” in partial reference to the song by Neil Sedaka and Howard...

Changes to Polish Antimonopoly Law in a Nutshell

By EsqSocial Corporation 20/01/17

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish merger control...

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part I

By EsqSocial Corporation 20/01/17

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a series of examples...

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

By EsqSocial Corporation 20/01/17

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet act, or refuse to act, on...

State Water Board Considering Extension to Drought Emergency Regulations

By EsqSocial Corporation 20/01/17

Despite plentiful rain and snow across much of California, the State Water Resources Control Board is considering extending its emergency drought regulations in early February. During a public workshop in Sacramento on Wednesday, representatives of...

USCIS Announces I-485 Supplement J to Confirm Bona Fide Job Offers

By EsqSocial Corporation 20/01/17

Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) is intended to enable USCIS to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job offers that the applicant...

OSHA’s Advisory Guidance on Anti-Retaliation Programs

By EsqSocial Corporation 20/01/17

On January 13, 2017, OSHA published the Recommended Practices for Anti-Retaliation Programs. OSHA’s guidance provides examples and suggestions of steps companies can take to implement an effective anti-retaliation program. However, it does not...

Your Daily Dose of Financial News

By EsqSocial Corporation 20/01/17

We learned about Navient and its allegedly trouble-filled student-loan servicing practices yesterday. Turns out the issues are not only long-standing, but they bear similarities to the mortgage-lending issues that were at the heart of the last...

How Does The CFPB Actually Litigate?

By EsqSocial Corporation 20/01/17

At the risk of kicking the CFPB while it’s down, a question worth asking is: how does it actually litigate once a “covered person”[1] decides to resist? Setting aside the noteworthy PHH case, the vast majority of enforcement actions result in a...

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