News

More on the Reach of Sackett: Corps Jurisdictional Determinations Are Not Final Agency Action

By EsqSocial Corporation 05/08/14

Early last month, we noted that the decision in Luminant v. EPA suggested that the reach of the Supreme Court decision in Sackett is not unlimited. The Court of Appeals for the 5th Circuit agrees. In Belle Company v. Corps of Engineers, the Court...

Flea infestation closes courthouse for second day in a row

By EsqSocial Corporation 05/08/14

First reported on Friday to the county administrator, a flea infestation has proven difficult to eradicate at a New York state courthouse.

"Ban the Box" in San Francisco: Posting, Reporting and Inquiry Rules for Applicants' and Employees' Criminal Histories Take Effect on August 13, 2014

By EsqSocial Corporation 05/08/14

Many employers ask job applicants to check a "box" on a job application to disclose criminal history information. As of August 13, 2014, San Francisco will "ban the box" for private and public employers. The City's Board of Supervisors earlier this...

Pennsylvania Supreme Court Notes Limited Reach of Multiple Trigger Rule in Insolvency Case

By EsqSocial Corporation 05/08/14

On July 21, 2014, the Pennsylvania Supreme Court held, as a matter of first impression, that the Continuance of Coverage Provision of the Pennsylvania insurance insolvency statute, 40 P.S. § 221.21, precludes coverage for all “risks in effect” under...

US government violated labor laws when it delayed paychecks during shutdown, judge says

By EsqSocial Corporation 05/08/14

A judge with the U.S. Court of Federal Claims has refused to dismiss a lawsuit contending that federal workers should have been paid on time during the government shutdown last fall.

Visualizing Employment By Law School, Part I

By EsqSocial Corporation 05/08/14

One of the challenges faced by contemporary organizations is making sense of large amounts of complex data. Visualization methods – plots, graphs, animations, and interactive displays – can be one of the best ways to make data understandable. One...

Federal Surface Transportation Reauthorization: A Temporary Detour

By EsqSocial Corporation 05/08/14

Facing the imminent bankruptcy of the federal Highway Trust Fund (the “HTF”) and the specter of delays and reductions in payments from the HTF to the States, the US Congress last week passed the Highway and Transportation Funding Act of 2014, which...

SEC Charges Corporate Officers with Fraud Arising from Failure to Disclose Internal Controls Issues and Alleged Misrepresentations in SOX Certifications

By EsqSocial Corporation 05/08/14

On July 30, 2014, the Securities and Exchange Commission (“SEC”) advanced a novel theory of fraud against the former CEO (Marc Sherman) and CFO (Edward Cummings) of Quality Services Group, Inc. (“QSGI”), a Florida-based computer equipment company...

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

By EsqSocial Corporation 05/08/14

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the applicants, such as credit...

Former Chief Operating Officer Settles SEC Fraud Claims

By EsqSocial Corporation 05/08/14

The Securities and Exchange Commission recently announced that Peter Jenson, the former chief operating officer of Harbinger Capital Partners LLC, agreed to pay a $200,000 civil penalty to resolve charges that he aided the firm and its owner, Phillip...

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