News

Massachusetts Amends Debt Collector and Third-Party Loan Servicer Regulations

By EsqSocial Corporation 20/12/13

The Massachusetts Division of Banks recently amended 209 CMR 18, "Conduct of the Business of Debt Collectors and Loan Servicers." The final amended regulations clarify and establish new standards of conduct for debt collectors and third-party loan...

Hacking Back: For Now, Be Vigilant Rather Than a Vigilante

By EsqSocial Corporation 20/12/13

In the cyber-security world, "hacking back" – using hacker-like techniques to defend a company's IT systems by going on the offensive and instituting countermeasures to cyberattacks -- is generating much buzz. For example, some companies create dummy...

State AG joins prosecutors’ call for SC supreme court justice to be recused from criminal cases

By EsqSocial Corporation 20/12/13

South Carolina’s attorney general says he will ask a state supreme court justice to recuse himself from criminal cases, after the justice told a group of prosecutors in a speech that they had “been getting away with too much for too long,” and said that unethical prosecutors would be held…

BVI passes new Arbitration Act

By EsqSocial Corporation 20/12/13

On 17 December 2013 the British Virgin Islands House of Assembly had the third and final reading of the new Arbitration Act 2013. The new Act will come into force on a date to be announced. The following analysis is based on the draft bill and is...

Many Activist Investors Keep Coming Back for More

By EsqSocial Corporation 20/12/13

When activist investors strike, there’s often a sequel, even if a company has worked to address their concerns. Boards and managements are often tempted to consider a matter closed, once they have engaged with an activist shareholder group,...

Best v. Cox: Motions to Remove Counsel and Receive Security for Costs

By EsqSocial Corporation 20/12/13

In Best v. Cox, Justice Feldman of the Ontario Court of Appeal considered two motions related to appellate practice. The appeal emerged from a finding of civil contempt. The first motion was brought by the appellant to remove counsel for the...

Friday 13th: an Unlucky Day for Scottish Liquidators

By EsqSocial Corporation 20/12/13

On 13 December 2013, the Court of Session ruled that the liquidators of The Scottish Coal Company Limited (SCC) were not able to disclaim ownership of certain open-cast mines and the environmental permits which were connected with the operation of...

OMB Extends Review of Rule That Would Require Labs to Release Results to Patients

By EsqSocial Corporation 20/12/13

The Office of Management and Budget has extended its review of a proposed rule that would require HIPAA-covered laboratories to make test results available to patients. In our previous post on this issue way back in September 2011, we explained...

Covered Funds Aspects of the Volcker Rule – Frequently Asked Questions

By EsqSocial Corporation 20/12/13

The Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Securities and Exchange Commission (the "SEC") issued a final rule, and the Commodity Futures Trading Commission (the "CFTC"...

Herbalife: Belgian Appeal Court: Herbalife is No Pyramid: Validates Legitimacy The Next Chapter in Recognition of Personal Use

By EsqSocial Corporation 20/12/13

So says a Belgian Appeal Court about American direct selling/network marketing company, Herbalife, a company with thousands of distributors in more than 80 countries. In a ruling, December 2, 2013, the Court of Appeal in Brussels, came down like a...

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