News

New Jersey Supreme Court affirms award of bid that deviates from proposal

By EsqSocial Corporation 05/08/14

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J. Barrick, Jr. v. State of New...

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal Presumption of Consumer Confusion and Injury in a Two-Player Market

By EsqSocial Corporation 05/08/14

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to determination of both...

Rating Agency Developments

By EsqSocial Corporation 05/08/14

On July 31, Moody’s released its rating methodology for global manufacturing companies. On July 25, Fitch released its global rating criteria for Corporate CDOs. On July 25, DBRS issued its methodology for rating companies in the industrial products...

D.C. Circuit Upholds Claim Of Corporate Attorney-Client Privilege

By EsqSocial Corporation 05/08/14

A recent blog post addressed a noteworthy decision in United States ex rel. Barko v. Halliburton Co., No. 1:05-CV-1276, 2014 WL 1016784 (D.D.C. Mar. 6, 2014), which held that materials relating to an internal investigation were not protected by the...

Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

By EsqSocial Corporation 05/08/14

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board (“NTSB”) to improve...

Proposed Data Reporting Rule Issued

By EsqSocial Corporation 05/08/14

If you are looking for some light reading these last few weeks of summer, you might want to take a look at the recently released proposed rule regarding changes to the Home Mortgage Disclosure Act (HMDA) also known as Regulation C. HMDA data provides...

Should You Use Web Content Filters at Your Business?

By EsqSocial Corporation 05/08/14

Internet use has become commonplace, even for non-Web-related industries, so it has become a priority for businesses to filter the content which their employees view online.Web-filtering software or an Internet content filter may greatly reduce a small business' exposure to liability and cyberatt

Police and Body Cameras: Will Cameras Reduce Claims and Increase Transparency?

By EsqSocial Corporation 05/08/14

1600 hours: After briefing, the officer starts her shift. She straps on a body camera. But what next? Can the officer activate or deactivate the recording? Can the footage be deleted during her shift? What if the suspect, the public, the media or...

No Forward Progress? MiFID sunset clause means continued uncertainty for regulatory status of FX contracts across Europe

By EsqSocial Corporation 05/08/14

In February this year, ESMA sent a letter (the ESMA Letter) to the European Commission asking them to clarify which types of FX contracts fall within the definition of a “financial instrument” under MiFID. Now, five months later, the Commission...

Lie Still: Claim Construction on Hospital Bed Unduly Limited

By EsqSocial Corporation 05/08/14

Hill-Rom Services, Inc. v. Stryker Corp. - Addressing whether there were any reasons to depart from the plain and ordinary meaning of terms in claim construction, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district...

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