News

Approval Process Disapproved: IRS Curtails the Determination Letter Program

By EsqSocial Corporation 27/08/15

The Internal Revenue Service (the “IRS”) on July 21, 2015, issued Announcement 2015-19, describing important changes to the determination letter program for individually designed tax-qualified retirement plans. These changes will limit the situations...

Upper Tribunal Finds That Individual Lacked Integrity Due To Recklessness

By EsqSocial Corporation 27/08/15

In this case report, we consider the decision of the Upper Tribunal (Tax and Chancery Chamber) in Ghanshyam Batra v Financial Conduct Authority [2014] UKUT 214 (TCC), in which the Upper Tribunal upheld the FCA's decision to fine and prohibit an...

FedEx Workers Ruled Employees, Not Independent Contractors – and the IRS Weighs In

By EsqSocial Corporation 27/08/15

Developments continue to come almost daily about misclassification of employees as independent contractors. Wage and hour cases, tax rulings, and discrimination charges all are part of the mix....

Responding to Subpoenas and Other Requests for Personal Health Information: Take Them at Face Value

By EsqSocial Corporation 27/08/15

Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from a variety of sources on a daily basis. Such requests can range from informal requests made during the course of conversation with a...

Exclusivity Period of Biologics Remains a Hurdle in Trans-Pacific Partnership Talks

By EsqSocial Corporation 27/08/15

The latest round of talks over the Trans-Pacific Partnership (TPP), a proposed Pacific Rim free-trade agreement, has ended with disagreement on a number of key issues, including the non-patent exclusivity period for biologic medications. In late...

The UK Appoints New Anti-Corruption Unit: A Look at the Global Ramifications

By EsqSocial Corporation 27/08/15

Given London’s role in international business and finance, the UK Bribery Act 2010 promised to form a potential strong counterpart to the U.S. Foreign Corrupt Practices Act (FCPA). Now, the UK government is taking steps which could bring expanded...

Board Penalizes Legal Argument

By EsqSocial Corporation 27/08/15

Previously, we described a court’s reaction when some plaintiff-employees tried to reinstate their collective wage claim in court using a belated NLRB order against class action arbitration waivers. (See: Court Order Trumps Board) The NLRB is trying...

Alert: Amendments to California's Paid Sick Leave Law Provide Some Clarifications for Employers

By EsqSocial Corporation 27/08/15

As we previously reported here and here, under California's Healthy Families, Healthy Workplaces Act, effective July 1, 2015, employees who work 30 days or more a year in California are entitled to at least 3 days (or 24 hours) of paid sick leave per...

Reminder – Be Careful When Settling A Wage Claim

By EsqSocial Corporation 27/08/15

Addressing an issue that the Second Circuit had not explicitly touched before, the court just held that parties cannot privately resolve and/or discontinue an FLSA claim, without the supervision of the DOL or court approval....

Intellectual Property and Technology News - Issue 27 Q3 2015

By EsqSocial Corporation 27/08/15

In This Issue: How Private is That Connected Car? US v EU Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a computer, cell phone and...

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