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Reinsurance Newsletter - December 2013: New York Federal Court Special Discovery Master Makes Privilege Determinations

By EsqSocial Corporation 04/12/13

Harbinger F&G, LLC v. OM Group (UK), No. 12-CV-5315 (AJP), 2013 U.S. Dist. LEXIS 132009 (S.D.N.Y. Aug. 22, 2013). A parent corporation sold to a purchaser one of its subsidiaries, a Maryland domiciled life insurance company. Under the terms of...

1031 Exchanges: Exchanging Out of California? Do Keep In Touch

By EsqSocial Corporation 04/12/13

As we have noted previously, many property owners are aware that one can sell investment property and reinvest the sales proceeds in like-kind investment property without having to pay tax on the sale. Such transactions are known as “tax-deferred...

Catholic hospitals’ ethics rules caused negligent care for miscarrying woman, says ACLU suit

By EsqSocial Corporation 04/12/13

The American Civil Liberties Union has filed a federal action against the U.S. Conference of Catholic Bishops, alleging that its ethical guidelines given to Catholic hospitals resulted in negligent care for a miscarrying woman. According to the Associated Press, the Michigan U.S.

Law Firm Holiday Cards – Do’s and Don’ts

By EsqSocial Corporation 04/12/13

Q: Are holiday cards effective? A: I think that they can be considered one more nice way to stay in touch, to send a friendly communication to a large number of clients and prospects all at once. Of course, I said that they can be effective, not...

Primer on Negotiated Rulemaking

By EsqSocial Corporation 04/12/13

Given all the current and future negotiated rulemaking sessions for the U.S. Department of Education (Department), it might be helpful to take a look at the Department’s FAQs on the Negotiated Rulemaking Process....
By: DLA Piper

Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, C.A. No. 7906 (Nov. 15, 2013) (Strine, C.)

By EsqSocial Corporation 04/12/13

In this Opinion, the Court of Chancery resolved a privilege dispute arising out of a merger transaction and relating to the ownership of pre-merger attorney-client communications. The Court concluded that, absent an express agreement to the...

Top 5 Ediscovery Case Summaries - December 2013: Virginia: Improper Preservation and Untimely Disclosures Lead to Heavy Sanctions

By EsqSocial Corporation 04/12/13

Digital Vending Servs. Int’l, Inc. v. Univ. of Phoenix, Inc., 2013 WL 5533233 (E.D. Va. Oct. 3, 2013). In this intellectual property case, the defendants filed a motion for sanctions due to the plaintiff’s alleged spoliation. The defendants argued...

What is Failure to Warn?

By EsqSocial Corporation 04/12/13

Consumer products must be reasonably safe for their intended purpose. However, many products pose serious risks to consumers. When manufacturers are aware of a product’s risks, their duty to advise consumers of these risks arises....

Burden is on Petitioner to Prove Priority Date of Patent Challenged in Inter Partes Review

By EsqSocial Corporation 04/12/13

Succeeding on a lone ground of unpatentability, Hewlett-Packard was able to get all 4 challenged claims of an MCM patent into a trial for inter partes review in a case styled as Hewlett-Packard Co. v. MCM Portfolio, LLC (IPR2013-00217), involving...

False Claims Act Litigation Update: Florida Federal Court Finds Hospital Violated Stark Law Via Oncologist Bonus Compensation System

By EsqSocial Corporation 04/12/13

On November 13, 2013, the United States District Court for the Middle District of Florida granted partial summary judgment in favor of the United States inUnited States ex rel. Baklid-Kunz v. Halifax Hospital Med. Ctr., et al. In its order, the Court...

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