News

Court Examines Disclosure Duties in Consent Solicitaion Removing Directors

By EsqSocial Corporation 27/08/15

In Kerbawy v. McDonnell, the Delaware Court of Chancery affirmed the validity of a solicitation of written consents that removed certain directors and appointed new directors. A key theme of the opinion is that stockholders are free to act...

Legal Advice From Cris Carter: Have a Fall Guy in Your Crew

By EsqSocial Corporation 27/08/15

Cris Carter, who is a former all-pro wide receiver, current NFL broadcast personality, Hall of Famer, and most certainly not an attorney, nevertheless had some sage legal advice for NFL noobs at last year's rookie symposium: "If y'all got a crew, you got to have a fall guy in the......

Retaliation Litigation on the Rise: The SEC’s Broadening Interpretation of Dodd-Frank’s Whistleblower Provisions

By EsqSocial Corporation 27/08/15

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Act”) instituted sweeping changes to the financial sector of American industry. In addition to increased federal oversight, the Act implemented a “whistleblower” protection...

Treasury updates sanctions

By EsqSocial Corporation 27/08/15

Treasury has renewed designations under the Terrorist Asset Freezing etc Act 2010, and updated the sanctions lists in respect of Al-Qaida....
By: Dentons

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

By EsqSocial Corporation 27/08/15

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the underlying agreement with...

Retirement Planning Strategies under the Scrutiny of the Federal Fisc

By EsqSocial Corporation 27/08/15

President Obama’s proposed budget for 2016 shows that some retirement planning strategies have drawn the attention of the Federal government and may be subject to future legislative limitations. The President’s proposed budget suggests that Roth IRA...

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs

By EsqSocial Corporation 27/08/15

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s precedent-setting decision in U.S....

Consolidated Return Update

By EsqSocial Corporation 27/08/15

NEW PROPOSED REGULATIONS FROM THE IRS PROVIDE TAXPAYER-FRIENDLY SOLUTIONS TO ISSUES WITH TAX RETURN DUE DATES AND CIRCULAR ADJUSTMENT TO BASIS. In the last six months, the U.S. Department of the Treasury has issued two sets of proposed regulations...

FCA feeds back on SMR for bank branches

By EsqSocial Corporation 27/08/15

FCA has published a feedback statement with near-final rules on the Senior Managers Regime (SMR) and approved persons in UK branches of overseas banks. Unlike PRA’s paper discussed below, FCA’s paper covers UK branches of both EEA and non-EEA firms....

You Don’t Have to be a Hero Not to Pay a Bribe

By EsqSocial Corporation 27/08/15

Sometimes a hero can make a difference. But you do not have to be a John Wayne type-hero to make such a difference. The reason is the world is made up of real people and John Wayne heroes only exist in the movies. Even in the international fight...

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