News

Is Conciliation Just Another Hoop or Must the EEOC Make a Meaningful Attempt at Settlement Before Commencing Litigation?

By EsqSocial Corporation 27/12/13

Voluntary compliance is a core component of federal anti-discrimination law. The drafters of Title VII and other anti-discrimination statutes never envisioned a regulatory system where the government would use the courts to bludgeon employers into...

CCME’s Prepayment Reviews Violate NCGS 108C-7!! Seriously!!

By EsqSocial Corporation 27/12/13

A few months ago I sent a public records request to the Division of Medical Assistance (DMA). I eventually received the information…today. I wanted to know how many providers had been put on prepayment review....

No Private Attorney General Fees for Homeowner

By EsqSocial Corporation 27/12/13

In Donald A. Norberg v. California Coastal Commission (4th Dist., Div. 3, 10/25/13, G047522) ___Cal.App.4th___, 2013, the court of appeal reversed the trial court’s award of private attorney general fees because the homeowner’s successful challenge...

New Jersey AG Files RMBS Suit

By EsqSocial Corporation 27/12/13

On December 18, New Jersey’s Acting Attorney General John Hoffman announced a lawsuit against a mortgage securitizer and related firms for allegedly violating state securities law by making fraudulent misrepresentations and omissions to promote the...

Denied Again: Alleged Violation of Statute is Enough for Hulu Privacy Case to Proceed

By EsqSocial Corporation 27/12/13

On December 20, 2013, the U.S. District Court for the Northern District of California issued an order in In re: Hulu Privacy Litigation that solely addressed the issue of whether the Video Privacy Protection Act (the “VPPA”) requires plaintiffs to...

President Obama Signs the Pathway for SGR Reform Act of 2013

By EsqSocial Corporation 27/12/13

On December 26, 2013, President Obama signed into law the Pathway for SGR Reform Act of 2013. This new law prevents a scheduled payment reduction for physicians and other practitioners who treat Medicare patients from taking effect on January 1,...

Banking Regulators Say That Volcker Rule Does Not Require Immediate Sale of Collateralized Debt Obligations Backed by Trust Preferred Securities

By EsqSocial Corporation 27/12/13

The FRB, the FDIC, and the OCC (the “Agencies”) issued a joint FAQ clarifying certain aspects of the treatment of interests in collateralized debt obligations backed by trust preferred securities (“TruPS CDOs”) under the Volcker Rule....

Two Judges in the Central District of California Dismiss Labeling Class Actions, Finding Claims Challenging Strawberry Images on Nature’s Path’s Cereal Boxes and “Natural” Statements on Hain Celestial’s Cosmetics Implausible

By EsqSocial Corporation 27/12/13

Judges George Wu and Manuel Real both recently dismissed two class actions in the Central District of California that challenged the labeling of food and cosmetics as false and misleading. Defendants (represented by a team of MoFo litigators led by...

U.S. Supreme Court Reaffirms Broad Protections of Double Jeopardy Clause

By EsqSocial Corporation 27/12/13

The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution bars a defendant from being tried twice for the same offense. There has traditionally been a distinction between substantive and procedural dismissals in double jeopardy...

New Compliance Obligations for 2014: Fewer New Laws, But Important Changes for Employers

By EsqSocial Corporation 27/12/13

As always, the new year brings a host of new laws that are the product of our state and federal legislatures. Although many important changes were made to state and federal laws, 2013 saw a reduction of more than 30% in the number of labor and...

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