News

Banking Reform – We Need A Long-Term Vision

By EsqSocial Corporation 09/09/14

Six years after the height of the financial crisis, managing regulatory risk remains the main pre-occupation of banks – and it’s set to stay that way for some time. There has been an avalanche of new regulation already and there’s more to come,...

SEC Adopts Regulation AB II

By EsqSocial Corporation 09/09/14

On August 27, the Securities and Exchange Commission at an open meeting unanimously adopted Regulation AB II (Reg AB II). The final rule provides significant revisions to Regulation AB, which provides the rules regarding the offering process and...

When A Judge Declares A Statute Unconstitutional, What’s An Agency To Do?

By EsqSocial Corporation 09/09/14

In the recent California gubernatorial debate, Governor Jerry Brown defended his decision to appeal Judge Rolf M. True’s ruling in Vergara v. California, Cal. Super. Ct. Case No. BC484642 (June 10, 2014). The case has attracted widespread attention...

Falling Back (or Springing Ahead): The Correct Method to Pay Employees

By EsqSocial Corporation 09/09/14

The semi-annual ritual of changing the clocks is often a concern for those employers who have non-exempt (hourly) employees working the late shift (at 2:00 a.m. when the clocks change). When the clocks are moved back those employees usually work an...

The First Derivation Proceeding: Possession Not Enough: Need to Show Prior Conception of Claim Subject Matter

By EsqSocial Corporation 09/09/14

Catapult Innovations Pty Ltd v. Adidas AG - In denying institution for the first derivation petition considered on the merits, the Patent Trial and Appeal Board (the Board) found that the petition was fatally flawed in two independent ways. In...

The Affordable Care Act—Countdown to Compliance for Employers, Week 16: So What, Exactly, is an “Offer of Coverage”?

By EsqSocial Corporation 09/09/14

Whether an employer makes the requisite offer of group health plan coverage is critical to the application of the Affordable Care Act’s employer shared responsibility rules as reflected in final implementing regulations issued earlier this year (and...

How Prior Bankruptcy Filings Can Impact Your Current Bankruptcy

By EsqSocial Corporation 09/09/14

If you have read much at all on my bankruptcy blog you will no doubt be familiar with my mantra – “no one wants to file for bankruptcy”. And while I believe that to be true, some people find themselves in a situation where they have filed multiple...

When the Wealthy Divorce: Confidentiality

By EsqSocial Corporation 09/09/14

Certainly not every high profile celebrity-type divorce is handled in a confidential manner, as evidenced by the public divorce of Frank and Jamie McCourt. However, by and large, high profile divorces are handled quickly and quietly, the best recent...

Court Report -- Part II: September 2014

By EsqSocial Corporation 09/09/14

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Roxane Laboratories, Inc. v. Zydus Pharmaceuticals USA, Inc. 2:14-cv-05423; filed August 28, 2014 in the District Court of New Jersey. Roxane...

DEA Strengthens Restrictions on Hydrocodone Combination Medications - Six Ways It Impacts Providers and Patients

By EsqSocial Corporation 09/09/14

The United States Drug Enforcement Administration (“DEA”) elevated Hydrocodone combination medications, including Vicodin, from a Schedule III to a Schedule II Controlled Substance. The reclassification was published the Final Rule for the Controlled...

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