News

Recent Appellate FTC Cybersecurity Ruling

By EsqSocial Corporation 28/08/15

On August 24, 2015, the United States Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (hereinafter “FTC”) has the power under the FTC Act to police companies that fail to employ adequate security and privacy practices...

Florida Defective Product Lawsuits: Who can be liable and how to prove it

By EsqSocial Corporation 28/08/15

Manufactures and sellers have a responsibility to put reasonably safe products in the stream of commerce. When someone is injured by a defective product, both the manufacturer and the seller of the product can be liable for the damages. This...

Ninth Circuit Clarifies Analysis of Alleged Hub-and-Spoke Conspiracies Under the Sherman Act

By EsqSocial Corporation 28/08/15

Yesterday, the Ninth Circuit issued an opinion affirming the dismissal of plaintiffs’ consolidated complaint in In re Musical Instruments and Equipment Antitrust Litigation. In addressing plaintiffs’ allegations of a hub-and-spoke conspiracy, the...

SEC Adopts Final Pay Ratio Disclosure Rules

By EsqSocial Corporation 28/08/15

The Securities and Exchange Commission (SEC) has adopted final rules under the Dodd-Frank Wall Street and Consumer Protection Act (the Dodd-Frank Act) to require U.S. public companies to disclose the ratio of the annual total compensation of their...

Guzman v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Texas, August 18, 2015

By EsqSocial Corporation 28/08/15

Defendant Hacienda Records and Recording Studio, Inc. prevailed on a copyright infringement claim brought by plaintiff Jose O. Guzman following a bench trial in the U.S. District Court for the Southern District of Texas. Hacienda moved for attorneys’...

Corporation or LLC? Business Organizations for Tech Startups.

By EsqSocial Corporation 28/08/15

One of the first actions you will take with your startup is to organize your company a separate legal entity to protect yourself from personal liability for the company’s debts. In the tech startup context, you’ll typically choose between a...

Construction & Engineering Toolkit: The Construction Industry Tax Deduction Scheme (CIS) - August 2015

By EsqSocial Corporation 28/08/15

In This Issue: The Construction Industry Tax Deduction Scheme (CIS) The Construction Industry Scheme (or CIS, as it is more commonly known) is a tax deduction scheme. It concerns construction work and applies to payments made by any person...

New Duty of Consistency and Basis Reporting Requirement

By EsqSocial Corporation 28/08/15

Under IRC §1014(a), the income tax basis of property acquired from a decedent is generally its fair market value on the date of death, or alternate valuation date if the executor makes an election under IRC §2032. Under Treas Reg §1.1014–3(a), the...

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

By EsqSocial Corporation 28/08/15

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of material fact as to the...

Merger Guidance Nine Years in the Making From the FTC

By EsqSocial Corporation 28/08/15

Earlier this month, the Bureau of Competition of the U.S. Federal Trade Commission (FTC) offered updated guidance for merger investigations—the first time it has done so in nine years. Although the Department of Justice’s Antitrust Division has...

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