News

FDA Issues Updated Draft Guidance on Reporting Drug Samples

By EsqSocial Corporation 05/08/14

The guidance calls for 2014 reporting by April 1, 2015. When signed into law in March 2010, the Affordable Care Act (ACA) put a renewed focus on transparency. While section 6002, the Physician Payment Sunshine Act, took center stage with broad...

The Illusion of No Victims: The Final Component of “Rationalizing Bribery.”

By EsqSocial Corporation 05/08/14

As Andy Spalding, Assistant Professor at the University of Richmond School of Law and Senior Editor of the FCPA Blog stated in a recent guest post on The Global Anticorruption Blog, “Most of us would agree that overseas bribery is not a victimless...

Credit Crunch Digest -- July 2014

By EsqSocial Corporation 05/08/14

This issue of the Credit Crunch Digest focuses on upcoming Libor-related litigation before the Supreme Court and a recent Libor settlement; Citigroup’s $7 billion settlement with the Department of Justice; BNP Paribus’ guilty plea to criminal...

Duke, Hershey, and Winston: Who gets to trademark a famous name?

By EsqSocial Corporation 05/08/14

Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name disputes....

Innocent Spouse Relief Expanded

By EsqSocial Corporation 05/08/14

By filing a joint income tax return, spouses make themselves liable for all of the income tax due on their combined income. While filing a joint return can provide significant advantages, it also can create an unfair burden for a taxpayer saddled...

What Is Palimony? How Does It Work?

By EsqSocial Corporation 05/08/14

Palimony sure sounds an awful lot like alimony, and it also works in a very similar way. Alimony, of course, refers to spousal support payments made by one spouse to another as set out in either a settlement agreement following a divorce, or in a court order. By contrast,......

New Investment Thinking for Trustees?

By EsqSocial Corporation 05/08/14

Traditionally, trustees invest the assets within a trust to ensure the assets are preserved for when they are distributed to the beneficiaries, often when the beneficiaries reach a certain age. However, this “cautious” investing by trustees, while...

State Attorneys General Bringing Actions Under Dodd-Frank

By EsqSocial Corporation 05/08/14

As the CFPB celebrates its three-year anniversary, the current trend appears to be lawsuits brought by state attorneys general or state regulators pursuant to their authority under Dodd-Frank Section 1042. Under Section 1042, a state regulator or...

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...

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