News

Treasury’s FinCEN Proposes Rules Forcing U.S. Financial Institutions to Collect Data for FATCA Reciprocity

By EsqSocial Corporation 01/08/14

On July 30, 2014, the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) proposed rules requiring U.S. financial institutions to collect “Customer Due Diligence” information, including identifying the true beneficial owners of...

Overview of Central and West Africa

By EsqSocial Corporation 01/08/14

Orrick lawyers Pascal Agboyibor, Bruno Gay and Gabin Gabas authored the first "Overview of Central and West Africa," an outline of the electricity and oil & gas sector legislation in 14 francophone African countries, that has been published in the...

Copyright Infringement

By EsqSocial Corporation 01/08/14

I. INTRODUCTION A. Scope. This paper addresses practical aspects of a typical copyright infringement case, a deceptively simple subject. Plaintiff introduces its copyright registration, proves defendant copied too much of the registered work,...

Dodd-Frank News: July 2014 Dodd Frank Wall Street Reform and Consumer Protection Act Update

By EsqSocial Corporation 01/08/14

In This Issue: - Recent Cases ..RESPA ..FDCPA ..TCPA ..FCCPA & FDCPA ..TILA - In The News ..CFPB to Begin Collecting Complaints Regarding Prepaid Cards ..CFPB Proposes Letting Consumers Make Complaints Public ..CFPB...

NLRB General Counsel Announcement on Joint Employer Status for Franchisors Could Have Significant Implications

By EsqSocial Corporation 01/08/14

In a move that could have a dramatic impact on numerous businesses across the country, National Labor Relations Board General Counsel Richard Griffin announced on July 29, 2014, that his office intends to name a parent franchisor as a respondent in...

Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit

By EsqSocial Corporation 01/08/14

Anderson v. City and County of San Francisco, No. 11-16746 (July 2, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the Civil Rights Act of 1964 by...

Form 18 of the Federal Rules of Civil Procedure Rejected as an “Off-Ramp” to Twombly

By EsqSocial Corporation 01/08/14

Merus B.V. moved for dismissal, arguing the Federal Circuit created an “off-ramp” for patent cases by holding in K-Tech Telecomms., Inc. v. Time Warner Cable, Inc., 714 F.3d 1277 (Fed. Cir. 2013), that when the principles set forth in Bell Atlantic...

SEC Waives Rule and Reverses Course to Grant Whistleblower Windfall

By EsqSocial Corporation 01/08/14

In August 2013 the SEC whistleblower claims review staff issued a preliminary determination and recommended a whistleblower claim be denied. Although the record demonstrated that the claimant provided original information to the SEC that led to the...

Uncertainty Remains Regarding the NLRB's Position on Class and Collective Action Waivers

By EsqSocial Corporation 01/08/14

The law concerning class action waivers continues to develop at a rapid pace. While most courts are now enforcing class action waivers in arbitration agreements, there remains at least one prominent area of uncertainty for employers thinking about...

“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall

By EsqSocial Corporation 01/08/14

The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op....

Pages