News

Second Circuit Answers Call from TCPA Plaintiff

By EsqSocial Corporation 11/12/13

After two failed calls in the Eastern District of New York, the Second Circuit last week opened the line for one TCPA plaintiff to plead his case. On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York sua sponte...

NFA Issues Guidance on Affirmation Process for CPO and CTA Exemptions and Exclusions

By EsqSocial Corporation 11/12/13

The National Futures Association (NFA) issued guidance on the annual affirmation requirement for persons operating under an exemption or exclusion from commodity pool operator (CPO) or commodity trading advisor (CTA) registration......

Money Spent on Marketing Financial Products Beats Financial Education

By EsqSocial Corporation 11/12/13

The Consumer Financial Protection Bureau (“CFPB”) recently released a study of consumer financial services marketing, which found that it can be difficult for consumers to find objective information. The study focuses on the size and scope of the...

CFTC Open Meeting on Proprietary Trading and Block Trading

By EsqSocial Corporation 11/12/13

The Commodity Futures Trading Commission will hold a public meeting on December 10 to discuss: (1) proprietary trading and certain interests in and relationships with covered funds; and (2) block trading for futures and options on futures on...

A Look at Tender Offers Under Section 251(h) of Delaware Law

By EsqSocial Corporation 11/12/13

Latham & Watkins partner Brad Faris was among the panelists at the October 31, 2013 “Tender Offers Under the New Delaware Law” webcast sponsored by DEALlawyers.com. Faris expects that strategic buyers and private equity buyers will regularly use the...

Attorney Argument in Preliminary Response Continues to be Trumped by Expert Evidence from Petition

By EsqSocial Corporation 11/12/13

Challenging two patents with a common parent application, Butamax Advanced Biofuels was able to get 28 challenged claims of one Gevo patent and 18 challenged claims of a second into separate trials for inter partes review, in cases styled as Butamax...

NLRB Still Contemplating “Quickie” Union Election Rules

By EsqSocial Corporation 11/12/13

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation elections. The Board’s...

Joint House and Senate SGR White Paper Proposes Permanent SGR Repeal

By EsqSocial Corporation 11/12/13

The House Ways and Means Committee and the Senate Finance Committee have jointly issued a White Paper proposing the repeal of the Medicare Sustainable Growth Rate Formula, entitled “SGR Repeal and Medicare Physician Payment Reform”. The SGR white...

Rembrandt v. Facebook: District Court Excludes Damage Expert Where Expert Failed to Apportion Damages to Patented Features in Accused Product

By EsqSocial Corporation 11/12/13

Rembrandt Social Media, LP ("Rembrandt") filed a patent infringement action against Facebook alleging that Facebook infringed two of its patents, U.S. Patent No. 6,415,316 ("the '316 patent) and U.S. Patent No. 6,289,362 ("the '362 patent").In 2009,...

Ex-lawyer who had aide forge lawyers’ names on documents gets 4-year suspended prison term

By EsqSocial Corporation 11/12/13

A successful lawyer with political ambitions, Rodney P. Sniadecki saw his legal career spiral downward after the Indiana Supreme Court suspended (PDF) his law license for six months in 2007.

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