News

Whistleblower Reinstatement Highlights Need for Companies to Keep Detailed Files on Personnel

By EsqSocial Corporation 06/07/15

In 2012, a jury ruled that Bayer Corporation had unlawfully terminated one of its sales representatives, Mike Townsend, because he alerted the Arkansas Attorney General to incidents of physicians overbilling Medicaid for the company’s drugs....

U.S. Supreme Court Issues Ruling Favorable To Employers Involved In Disparate-Impact Litigation

By EsqSocial Corporation 06/07/15

On June 25, 2015, the U.S. Supreme Court issued a 5 to 4 ruling in Texas Dep’t of Housing & Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 (2015). Now that the dust has settled from the Supreme Court’s recent term, what does...

U.S. Supreme Court Upholds Premium Subsidies on Federally Run Health Insurance Exchanges

By EsqSocial Corporation 06/07/15

On June 25, 2015, in a 6-3 majority opinion, the U.S. Supreme Court confirmed the availability of premium subsidies for health coverage purchased on Affordable Care Act (ACA) health insurance exchanges, regardless of whether those are state or...

Medical Residents Held Subject to FICA

By EsqSocial Corporation 06/07/15

In the case of University of Texas System v. U.S., 759 F.3d 437, (2014) the U.S. Supreme Court on April 27, 2015 declined to review a decision of the U.S. Fifth Circuit Court of Appeals which, affirming the district court, held that medical residents...

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

By EsqSocial Corporation 06/07/15

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the construction period...

Don’t Mess with Texas — It Might Deny Your Specialty License Plate: A Review of the Supreme Court’s Decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc.

By EsqSocial Corporation 06/07/15

Don’t Mess with Texas — It Might Deny Your Specialty License Plate: A Review of the Supreme Court’s Decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc. The Supreme Court of the United States recently ruled that the State of...

OCC Releases Semiannual Report Highlighting Key Risks Facing National Banks and Federal Savings Associations

By EsqSocial Corporation 06/07/15

Recently, the OCC announced the release of its semiannual report, Semiannual Risk Perspective for Spring 2015, highlighting key risk areas affecting national banks and federal savings associations. Based on 2014 year-end data, the report identifies...

Blog: OIG Announces New Special Litigation Team

By EsqSocial Corporation 06/07/15

The Office of Inspector General (OIG) announced this week that it will launch a special litigation team devoted solely to Civil Money Penalty (CMP) and Exclusion cases. The announcement was made by representatives of the Administrative and Civil...

Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

By EsqSocial Corporation 06/07/15

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee exemptions from the...

Upper Tribunal Criticises FCA's Approach To Publicising Decision Notices

By EsqSocial Corporation 06/07/15

We consider here the decision of the Upper Tribunal (Tax and Chancery Chamber) in Bayliss & Co (Financial Services) Limited and Clive John Rosier v the Financial Conduct Authority [2015] UKUT 0265 (TCC) in which the tribunal criticised the FCA's...

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