News

SEC Gives Guidance On Venture Capital Exemption

By EsqSocial Corporation 03/12/13

The SEC Division of Investment Management has provided guidance regarding the application of the exemption from investment adviser registration available to an investment adviser that advises solely one or more “venture capital funds” as defined in...

Electric Reliability Project To Include Focus On Outages

By EsqSocial Corporation 03/12/13

Michigan's Institute for Energy Innovation has had an ongoing Electric Reliability Project since early this year. The overall focus is on enhancing distribution reliability and reducing the number and duration of electric outages....

Calif. Case Limits Health Care Data Breach Claims

By EsqSocial Corporation 03/12/13

The California Court of Appeal recently limited plaintiffs’ ability to state a claim under the California Medical Information Act (CMIA), Cal. Civ. Code §§ 56 et seq., and their ability to get statutory damages under the act. Consistent with prior...

Update – Administering Benefits in a Post-DOMA World

By EsqSocial Corporation 03/12/13

Here is a brief update to our September 24, 2013 alert, which addressed the administration of employee benefits as well as federal income taxes and FMLA leave following this summer’s ruling by the U.S. Supreme Court in United States v. Windsor. In...

Liquidity Coverage Ratio Impact on Covered Bonds

By EsqSocial Corporation 03/12/13

On October 23, 2013, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation (the “Agencies”) published a notice of proposed rulemaking addressing quantitative...

In re Eaton (Fed. Cir. 2013)

By EsqSocial Corporation 03/12/13

On November 22, the Federal Circuit reversed a determination by the Patent Trial and Appeal Board affirming the rejection of the claims 1, 8-11, and 14 of U.S. Application No. 11/145,716 as anticipated by DE Patent No. 10053155 A1 ("Jungkeit") and as...

New York Sales Tax Implications of an Asset Purchase

By EsqSocial Corporation 03/12/13

The buyer of an existing business must determine whether to purchase the stock of the business entity or to purchase the assets of the business. The factors to consider include both non-tax and tax-related advantages of each transaction structure....

Extrapolated Medicaid Audits Continue: Be Proactive! (Or Move to West Virginia)

By EsqSocial Corporation 03/12/13

Extrapolated audits are no fun, unless you work for a recovery audit contractor (RAC). You get a Tentative Notice of Overpayment (TNO) that says the auditor reviewed 100 dates of service (DOS), found an overpayment of $1,000, so you owe $1 million...

Woman Awarded $25 Million in Punitive Damages from Tobacco Company for Husband’s Death

By EsqSocial Corporation 03/12/13

A Florida state appeals court recently upheld the decision to award Dorothy Alexander $25 million in punitive damages and $8 million in compensatory damages for the death of her husband. She claimed that Lorillard Tobacco Co. showed reckless...

EEOC: Time to File Continues to Toll throughout Government Shutdown

By EsqSocial Corporation 03/12/13

The Equal Employment Opportunity Commission (EEOC) has remained open despite the government shutdown in the beginning of October, hearing complaints of workplace discrimination from employees nationwide. This fact was relevant to victims of...

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