News

California District Court Denies “Church Plan” ERISA Exemption to Pension Plan of Church-Affiliated Non-Profit Healthcare System, Creating Conflict on Requirements for “Church Plan” Exemption

By EsqSocial Corporation 07/01/14

The District Court for the Northern District of California recently held in a putative class action that the defined benefit pension plan of a church-affiliated non-profit healthcare system, Dignity Health (“Dignity”), was not a “church plan” as...

Employers’ New Year’s Resolution: Review Employee v. Independent Contractor Classifications

By EsqSocial Corporation 07/01/14

As we enter 2014, employers should take the opportunity to review their classifications of employees and independent contractors to ensure they do not run afoul of the many overlapping statutes and regulations in this area. Both state and federal...

CFTC Makes Comparability Determinations for Substituted Compliance Purposes

By EsqSocial Corporation 07/01/14

The Commodity Futures Trading Commission has approved comparability determinations for substituted compliance with six different non-US regulatory regimes. Pursuant to the substituted compliance determinations, the CFTC will permit non-US swap...

Enforcement of foreign arbitral awards in the UAE

By EsqSocial Corporation 07/01/14

Dubai Court of Cassation refuses to enforce a foreign arbitral award for lack of jurisdiction - What has happened? A successful party in an arbitration recently sought to enforce two ICC awards rendered in France against the award debtor in...

Weekly Recap – Election News and Trends January 6, 2014

By EsqSocial Corporation 07/01/14

Below is a recap of last week’s election law news and hot topics to start off the new year! With this being an election year in both the California and Federal legislature, politicians are shaping their policies towards agendas to use in re-election...

Chicago's Gun Ban Struck Down, but Ruling Placed On Hold

By EsqSocial Corporation 07/01/14

A city ban on gun sales within Chicago is unconstitutional, a federal judge ruled. U.S. District Judge Edmond E. Chang said the city ban, aimed to curb gun violence, is unconstitutional because it goes too far in barring buyers and dealers from engaging in lawful sales.

"Supreme Court Rules on Partnership Tax Shelter Penalties"

By EsqSocial Corporation 07/01/14

In United States v. Woods,1 the U.S. Supreme Court ruled unanimously for the government on two long-brewing disagreements over penalty jurisdiction in the partnership context and over the breadth of valuation misstatement penalties. In an opinion by...

Like It or Not, the Alcotest is Here to Stay ? at Least for Now

By EsqSocial Corporation 07/01/14

If you have the unfortunate experience of being stopped for suspected drunken driving in New Jersey, you may be subject to the use of new, controversial, and possibly flawed, investigation technology: the Alcotest. The Alcotest is a breath-testing...

Does Obamacare Strike the Right Balance Between Women’s Contraceptive Rights and Religious Freedom?

By EsqSocial Corporation 07/01/14

Effective for plan years beginning on or after January 1, 2014, employer-sponsored group health plans that are not grandfathered must provide women with access to a list of 16 contraceptive services without cost sharing (i.e., without co-pays or...

West Virginia Trial Court: No Duty to Search the Death Master File

By EsqSocial Corporation 07/01/14

In a substantial victory for the life insurance industry on the unclaimed property issue, a West Virginia Circuit Court has held that insurers have no duty to search the Social Security Administration’s Death Master File (“DMF”) under the 1995...

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