News

Did the Trial Court Get the Factual Determination Wrong?

By EsqSocial Corporation 05/08/14

Your client lost in the trial court. Should you appeal? A key basis for appeal is that the trial court’s ruling on a question of fact was erroneous. Here’s how to go about identifying a factual determination that might form the basis of an appeal....

Charitable Planning with S Corporation Stock—Making It Work

By EsqSocial Corporation 05/08/14

Since 1998, charities have been able to own S corporation stock (“S stock”). However, the ownership of S stock by an exempt organization may result in either an unexpected tax burden or a liability rather than an asset for the charity. This author’s...

Tax credit increases what’s available for historic renovation

By EsqSocial Corporation 05/08/14

In May, Colorado Gov. John Hickenlooper signed into law the Colorado Job Creation and Main Street Revitalization Act (also known as House Bill 14-1311). By substantially increasing the amount of funds available for the preservation of historic...

[Video] Recognition of Foreign Judgments in the United States (VIDEO)

By EsqSocial Corporation 05/08/14

Every year, thousands of judgments from foreign courts are brought to U.S. federal and state courts for recognition and enforcement. Thanks to the sharply rising tide of transnational litigation, more and more U.S. and non-U.S. lawyers will face the...

Prometheus Labs., Inc. v. Roxane Labs., Inc. (D.N.J.)

By EsqSocial Corporation 05/08/14

Lotronex was initially launched in 2000, but was subsequently removed from the market in light of serious side effects attributed to the drug. It was re-launched in 2002 with a new label. At the time, the ’770 patent was listed in the Orange Book...

Some Days, A Stay Is Easier to Obtain Than Others

By EsqSocial Corporation 05/08/14

In A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (Seventh Cir. 2014), Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the bankruptcy court and the district...

Tech Companies, the Congo and Dodd-Frank

By EsqSocial Corporation 05/08/14

The fourth anniversary of the Dodd-Frank Act has prompted renewed discussion over the effectiveness of the legislation. Legislators continue their debate over the Financial Stability Oversight Committee and the Volcker Rule. Others question the...

Prosecutors Use Technology to Strengthen Cases

By EsqSocial Corporation 05/08/14

Prosecutors are starting to employ cutting-edge technology in their push for more criminal convictions. Most recently, the Ohio Bureau of Investigation used a 3-D laser scanner to recreate a murder scene for a judge and jury....

Clicking “I Agree” Renders Mandatory Arbitration Provision Enforceable

By EsqSocial Corporation 05/08/14

Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements, sometimes known as browse-wrap...

Monthly Benefits Update - July 2014

By EsqSocial Corporation 05/08/14

Two federal appeals courts issued contradictory rulings on the validity of subsidies for the purchase of health insurance under the federal marketplace established pursuant to the Affordable Care Act (ACA). On July 22, a panel on the Court of Appeals...

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