News

An Expensive Reminder to Secure Trademark Rights Prior to Foreign Expansion

By EsqSocial Corporation 05/08/14

Electric car manufacturer Tesla Motors was recently sued in China by businessman Zhan Baosheng. Baosheng registered the TESLA trademark in China in 2006, prior to Tesla's entry into the Chinese market....

Circuit Court Split on ACA Could Impact Employer Penalties

By EsqSocial Corporation 05/08/14

In conflicting opinions released on July 22nd, two federal circuits split on whether Affordable Care Act subsidies are available under a federally operated health insurance exchange. “Pay or play” penalties apply only if employees obtain subsidized...

Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual Teacher Names Tied To Those Scores

By EsqSocial Corporation 05/08/14

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time scores revealing the names...

Will the Commerce Department’s Approval to Export Condensate Change the World?

By EsqSocial Corporation 05/08/14

The reporting in late June of the Commerce Department’s private rulings that authorized two companies to export condensate has ignited discussions regarding the real prospect of changes in U.S. oil export policy. Industry participants reportedly have...

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

By EsqSocial Corporation 05/08/14

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate Action Plan, especially...

Southern District Magistrate Judge Clarifies FLSA “Computer Professional” Exemption

By EsqSocial Corporation 05/08/14

In an April 2014 decision in the Southern District of New York, Olorode v. Streamingedge, Inc., No. 11 Civ. 6934 (GBD) (AJP) (S.D.N.Y. Apr. 29, 2014), employers were given some clarification on the Computer Professional overtime exemption available...

The Majors, The Minors and Antitrust Training

By EsqSocial Corporation 05/08/14

In my last antitrust training blog, I admitted I didn’t know much about it and that I frankly thought of the topic as much less popular than others in most ethics and compliance training libraries. After writing about it, though, and reading about...

Home or Away? Where Should That Deposition Take Place?

By EsqSocial Corporation 05/08/14

When a corporate defendant is sued in a federal court outside its home state, the issue of where its deposition will be conducted can become a bone of contention. The traditional rule, accepted by most practitioners, is that the deposition will take...

Fast Five: Rhode Island Appellate Practice - August 2014

By EsqSocial Corporation 05/08/14

Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions. 1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO...

Doing Business in Canada: International Trade

By EsqSocial Corporation 05/08/14

INTERNATIONAL TRADE - USING THE CANADIAN FREE TRADE AGREEMENT IN YOUR BUSINESS - Canada is a center of global trade. In addition to the well-known North American Free Trade Agreement (NAFTA), Canada has entered into, negotiated or announced its...

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