News

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

By EsqSocial Corporation 07/05/25

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy Act (CIPA).

Back-and-Forth Levies in the North American Trade War: U.S. Tariffs and the Canadian Response (Update)

By EsqSocial Corporation 07/05/25

We continue to follow the U.S.-Canada trade dispute, in the context of the changing global trade situation, and will continue to update the following as required.

New ANDA Cases

By EsqSocial Corporation 07/05/25

Federal district court cases that are filed pursuant to the Hatch-Waxman Act - This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act.

Delaware Chancery Court Enforces Specific Performance and Forces Merger to Close

By EsqSocial Corporation 07/05/25

A recent decision of the Delaware Court of Chancery reinforces the importance of deal certainty, particularly when it comes to efforts-based covenants in merger agreements. In Desktop Metal Inc. v.

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

By EsqSocial Corporation 07/05/25

Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things.

BE-10 Filing Required for US Companies with Ownership in Non-US Businesses: Due May 30, 2025

By EsqSocial Corporation 07/05/25

The US Department of Commerce’s Bureau of Economic Analysis (BEA) conducts a mandatory BE-10 survey of US investments abroad every five years to produce key economic and statistical reports on the scale and effects of US-owned business activities abroad....

Expert Witnesses Admitted in Title IX Jury Trials (Updated)

By EsqSocial Corporation 07/05/25

Fifteen years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation focused on questions of law and therefore, was within the court’s purview to decide.

Don’t be Blinded by the Gleaming Promise of AGI: The Perils of Cognitive Homogeneity

By EsqSocial Corporation 07/05/25

The dawn of highly capable, agentic artificial intelligence (AI) offers an irresistible vision: corporations managed not by humans but by fleets of AI agents, each an exact replica of the best and brightest performers.

SEC Comment Letters Did Not Form Basis for Caremark Claim

By EsqSocial Corporation 07/05/25

Amongst the issues discussed in a Delaware Chancery Court opinion in a case captioned In re Plug Power Inc. Stockholder Derivative Litigation, was whether SEC comment letters formed a basis for a Caremark Claim....

Australia’s Recent Federal Election Result: Implications for Employers

By EsqSocial Corporation 07/05/25

Australia went to the polls on Saturday, May 3rd, and elected the Australian Labor Party (ALP) with an overall majority in Australia's federal congress, known as the House of Representatives. The ALP will also hold a Senate majority when voting with the Australian Greens....

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