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The Devil's Dictionary of Bankruptcy Terms

By EsqSocial Corporation 20/06/16

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy arena....

Supreme Court Upholds Implied Certification Theory and Emphasizes Importance of Materiality Requirement Under the False Claims Act

By EsqSocial Corporation 20/06/16

On June 16, 2016, the Supreme Court, in a unanimous decision, upheld the use of the “implied certification theory of liability” in False Claims Act (“FCA”) cases. See Universal Health Services, Inc. v. United States ex rel. Escobar. The FCA imposes...

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

By EsqSocial Corporation 20/06/16

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees to the prevailing party...

Georgia’s ‘Y’allywood’ Film Tax Credits Irresistible to Buyers

By EsqSocial Corporation 20/06/16

“Y’allywood” is quickly supplanting “Hotlanta” as the cringe-worthy, yet seemingly ubiquitous term used to describe Atlanta’s new starring role. Like it or not, Y’allywood aptly captures the moment and growing trend that features Georgia as a...

Two men are indicted in law prof’s slaying

By EsqSocial Corporation 20/06/16

Grand jurors in Leon County, Florida, on Friday indicted two men who were allegedly “enlisted” to kill Florida State University law professor Dan Markel.

Grand…

Exporting to Sri Lanka? — If Not, It May Be Time to Consider the Market

By EsqSocial Corporation 20/06/16

Sri Lanka may not be the first market that comes to mind when thinking of opportunities to export goods and services or invest, but there is reason to at least keep the country in mind. While the Administration has been busy in its efforts to ratify...

No Longer Implied: Supreme Court Expressly Recognizes Implied Certification as a Theory of Liability Under the False Claims Act

By EsqSocial Corporation 20/06/16

Yesterday, the U.S. Supreme Court issued a long-anticipated decision on the viability of the “implied certification” theory of liability under the False Claims Act (FCA). In Universal Health Services, Inc. v. United States ex rel. Escobar, a...

OFCCP’s New Sex Discrimination Regulations Bring Few New Requirements But Highlight Need for Contractors to Revisit Policies and Practices

By EsqSocial Corporation 20/06/16

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) unveiled its final sex discrimination guidelines governing covered federal contractors. The OFCCP proposed changes to the rule on January 30,...

Issues for overseas companies relating to UK land and UK government work

By EsqSocial Corporation 20/06/16

Recent government proposals will affect overseas companies that own UK land and that bid for UK government contracts. On 12 May 2016, the UK's Prime Minister, David Cameron, announced plans to introduce a public register of the beneficial...

“Objective Reasonableness” is a Primary Factor, But Not the Sole Factor, When Determining a Fee Award in a Copyright Case

By EsqSocial Corporation 20/06/16

FACTS: John Wiley & Sons (“Wiley”) filed a lawsuit against Supap Kirtsaeng (“Kirtsaeng”) when it discovered that Kirtsaeng’s family and friends abroad were purchasing Wiley textbooks at a discounted rate and shipping them to Kirtsaeng in the U.S.,...

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