News

FDIC Withdraws List of ‘Risky’ Businesses

By EsqSocial Corporation 01/08/14

In an unexpected move earlier this week, the FDIC issued a Financial Institution Letter (FIL) announcing that it was withdrawing the list of “risky” merchant categories that was included in prior guidance on account relationships with third-party...

Opportunities and Challenges for Suppliers in Mexico

By EsqSocial Corporation 01/08/14

Last week the Original Equipment Suppliers Association (OESA) hosted an event entitled “Supplier Opportunities and Challenges in Mexico” that I attended. It was a great program as always by OESA, and I wanted to share some of the highlights that I...

Obviousness Only Requires Reasonable Expectation of Success of One Compound Encompassed by Broad Genus Claims

By EsqSocial Corporation 01/08/14

Allergan, Inc. v. Apotex Inc. - Addressing the issue of showing a reasonable expectation of success when making obviousness combinations in the context of broad genus claims, the U.S. Court of Appeals for the Federal Circuit reversed a district...

SHARKNADO Trademark: Toothless Wonder?

By EsqSocial Corporation 01/08/14

In case you missed SHARKNADO last year, fear not, the sequel SHARKNADO 2 — The Second One, is taking the country by storm, and it is reportedly even better than the first SHARKNADO film. Not having seen either, I’m not sure whether that’s saying...

HR Letter Had Contractual Effect

By EsqSocial Corporation 01/08/14

In Hershaw v Sheffield City Council UKEAT/0033/14/BA, the Employment Appeal Tribunal (EAT) considered whether a grievance outcome letter from an HR consultant setting out better terms of pay for the aggrieved employees was contractually binding on...

Multistate Tax Commission Enacts Significant Amendments to Its Compact

By EsqSocial Corporation 01/08/14

On July 30, the Multistate Tax Commission (MTC) approved amendments to the Multistate Tax Compact’s (1) definition of nonbusiness income, (2) definition of “sales,” (3) factor-weighting, (4) alternative apportionment, and (5) sourcing of service and...

Charitable Solicitation Requirements are Changing in Maine

By EsqSocial Corporation 01/08/14

On August 1, 2014, the State of Maine will eliminate its requirement under the Charitable Solicitations Act that all fundraising consultants, known as “professional fundraising counsel,” must be licensed by the Maine Department of Professional and...

SEC Gives Itself the Home Court Advantage in an Accounting Fraud / Internal Controls Action Against a Corporate CEO

By EsqSocial Corporation 01/08/14

An otherwise mundane SEC announcement on July 30, 2014 of an enforcement action charging a public company CEO and CFO with accounting fraud and internal controls violations is significant because the SEC is proceeding against the non-settling...

Court Ruling May Result in Property Tax on Previously Exempt Community Association Property

By EsqSocial Corporation 01/08/14

A recent Nevada Supreme Court decision suggests that community association common areas may be subject to property tax based upon the value of common area improvements, even if the underlying land is effectively valueless because it is encumbered by...

Employment Law Commentary -- Volume 26, Issue 7 July 2014 -- Building A Workforce Culture Of Data Security In The Post-Snowden Era

By EsqSocial Corporation 01/08/14

Last month’s Employment Law Commentary discussed the high level of international attention now being paid to protecting trade secrets from misappropriation, with recommendations for practical steps that companies may take to prevent misappropriation....

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