News

California Environmental Law and Policy Update - August 2014

By EsqSocial Corporation 06/08/14

Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade to its century old refinery,...

U.S. Fish and Wildlife Service Lists Two Texas Minnows, Acknowledges Impacts to Water Management Likely

By EsqSocial Corporation 06/08/14

On August 4, 2014, the U.S. Fish and Wildlife Service (Service) announced its decision to list two small Texas minnows -- the sharpnose shiner (Notropis oxyrhynchus) and smalleye shiner (N. buccula) -- as endangered under the Endangered Species Act...

Raising Loan-to-Value with a Credit Tenant Lease

By EsqSocial Corporation 06/08/14

As the commercial real estate debt market continues to rise, owners and developers are becoming aware of an alternative to more traditional financing products – credit tenant lease finance. In some instances, credit tenant lease finance can result in...

Treachery of the Untrustworthy Trustee

By EsqSocial Corporation 06/08/14

In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust instrument declared the trust “… irrevocable and may not be revoked at any time...

Department of Labor Press Release Highlights Heightened Scrutiny of "Per Diem" Payments

By EsqSocial Corporation 06/08/14

Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors. The DOL found that Hutco...

“Red flags” were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified

By EsqSocial Corporation 06/08/14

The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of “red flags” which included a comment, “Do you want me to die?”...

New York Federal Court Rules It Cannot Compel Arbitration In Georgia

By EsqSocial Corporation 06/08/14

A New York federal court recently was presented with a motion to compel arbitration in Georgia. The district court first concluded that the arbitration provision was enforceable and then proceeded to the question of whether it had the authority to...

Theme from Shaft and Continuous Improvement of Your Compliance Program, Part I

By EsqSocial Corporation 06/08/14

You should keep track of external and internal events that may cause change to business process, policies and procedures. Some examples are new laws applicable to your business organization and internal events driving changes within a company....

Pay discrimination alleged in prof’s suit against FAMU law school

By EsqSocial Corporation 06/08/14

An associate law professor at Florida A&M’s law school claims in a lawsuit filed last week that the school pays male and female professors unequally.

ADA: Temporary Medical Condition May Be a Disability

By EsqSocial Corporation 06/08/14

A recent decision from the Fourth Circuit Court of Appeals held that under the Americans with Disabilities Act (ADA), an impairment or injury is not excluded as a disability simply because it is temporary. In deciding Summers v. Altarum, the court...

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