News

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

By EsqSocial Corporation 04/05/15

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the repair needs of...

OSHA’s Recent Guidance on Whistleblower Retaliation Investigations

By EsqSocial Corporation 04/05/15

The Directorate of Whistleblower Protection Programs recently issued a guidance memorandum titled “Clarification of the Investigative Standard for OSHA Whistleblower Investigations,” for the apparent purpose of clarifying the standards for its...

Overstock.com Considers Issuing Digital Securities

By EsqSocial Corporation 04/05/15

Overstock.com has been a leader in embracing digital currency, and now the company wants to embrace digital securities. On April 24th, Overstock.com filed a registration statement with the Securities and Exchange Commission (“SEC”) that explained...

Colorado Supreme Court Rejects Orders Requiring Plaintiffs to Present Early Evidence Supporting Their Toxic Tort Claims

By EsqSocial Corporation 04/05/15

In an April 20, 2015, decision that was highly anticipated by the energy industry, the Colorado Supreme Court rejected a procedural device called a “Lone Pine” order that requires plaintiffs to make a threshold evidentiary showing early in the case....

[Event] Executive Presence: Behaving and Performing as a Leader - May 23, Westport, CT

By EsqSocial Corporation 04/05/15

Please join the Wiggin and Dana Women's Network for an engaging presentation by Julie Jansen, a popular speaker, author and business consultant to Fortune 500 businesses, privately held companies and nonprofits. Regardless of your role in an...

Does a country have a legal duty to reduce its carbon footprint? Dutch court to decide landmark case

By EsqSocial Corporation 04/05/15

Concerned that the Netherlands isn’t doing enough to reduce its carbon footprint, a group of nearly 900 citizens filed a highly unusual lawsuit against the…

Will Class Actions Have a Leg to Stand on After Spokeo?

By EsqSocial Corporation 04/05/15

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the case next year, it could...

Seventh Circuit Clarifies “Date of Receipt” of Online Mortgage Payment

By EsqSocial Corporation 04/05/15

In a recent putative class action by borrowers against a mortgage servicer alleging violations of the Truth in Lending Act (“TILA”), the Seventh Circuit Court of Appeals found that mortgage servicers must credit electronic payments on the date a...

OIG Releases Compliance Guidance for Health Care Governing Boards

By EsqSocial Corporation 04/05/15

The Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services (“DHHS”) released new compliance guidance for health care governing boards, attorneys, compliance officers and internal auditors on April 20, 2015. The...

EEOC Catches Up With the Wellness Wave

By EsqSocial Corporation 04/05/15

The Equal Employment Opportunity Commission (“EEOC”) has issued a proposed rule finally illuminating whether and to what extent incentives can be offered for participation in a wellness program that involves disability-related inquiries or medical...

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