News

Employers Must Perform Individualized Assessment to Identify Reasonable Accommodation for Disabled Employee

By EsqSocial Corporation 22/06/16

In Peninsula Regional Medical Center v. Tracey L. Adkins, No. 68, September Term, 2015, (Opinion by Adkins, J., May 26, 2016), (“PRMC” and “Adkins”), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) considered the question of...

Anti Tax Avoidance Directive

By EsqSocial Corporation 22/06/16

On 21 June 2016, the EU Council reached agreement on the EU Anti Tax Avoidance Directive (“ATAD”). The ATAD is expected to be adopted in a forthcoming ECOFIN meeting, possibly on 12 July 2016. The Council had reached initial agreement on 17 June...

Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations

By EsqSocial Corporation 22/06/16

On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section 523(a)(2)(A) of the Bankruptcy Code may include fraudulent transfer schemes that were effectuated without a...

Stories Help Reinforce Key Messages

By EsqSocial Corporation 22/06/16

I am a devoted fan of National Public Radio and suspect many who are reading this post also find their news stories both informative and memorable. Nina Totenberg, who covers the Supreme Court, is a particular favorite of mine. Each time she reports...

Road to International Depositions

By EsqSocial Corporation 22/06/16

Growing up, my sisters and I loved watching old comedies, particularly those starring that great comedic duo, Hope and Crosby. We could watch their 7 Road movies on a continuous loop. Of course, the premise of each film was roughly the same: Bob and...

The Supreme Court Rules the PTAB and District Courts Can Continue to Apply Different Standards for Interpreting Patent Claims

By EsqSocial Corporation 22/06/16

Patent litigators and prosecutors have been waiting to hear whether the U.S. Supreme Court would require the United States Patent and Trademark Office (“USPTO”) to apply the same claim construction standard as the district courts. The answer is...

Con Men, Criminals, and Compliance

By EsqSocial Corporation 22/06/16

What does it take (or not take) to be a con artist and/or a white collar criminal? Do not kid yourself — white collar criminals can be “dangerous,” in that they usually suffer from significant personality disorders. Many are narcissists and...

SEC Staff Issues No-Action Relief on Auditor Independence and the “Loan Provision”

By EsqSocial Corporation 22/06/16

The U.S. Securities and Exchange Commission’s Division of Investment Management (the “SEC Staff”) last night issued a no-action letter (the “Relief”) to Fidelity Management and Research Company that provides guidance to registered investment...

Loss Payee Versus Lender’s Loss Payee: One Word Can Make All The Difference

By EsqSocial Corporation 22/06/16

When a lender makes a loan secured by personal property, it will perfect its interest in the collateral under applicable law. To further protect the value of the collateral supporting its loan, the lender will also require proof of insurance and...

nanoIndEx Publishes Guidance Document on Assessment of Personal Exposure to Airborne Nanomaterials

By EsqSocial Corporation 22/06/16

In June 2016, the “Assessment of Individual Exposure to manufactured nanomaterials by means of personal monitors and samples” (nanoIndEx) project published a guidance document entitled Assessment of Personal Exposure to Airborne Nanomaterials. The...

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