News

California Appellate Court Affirms Dismissal Of Putative Class Action Against Electric Vehicle Company Based On Federal Forum Provision

By EsqSocial Corporation 08/05/25

On April 23, 2025, the Fourth Appellate District Court of Appeal of the State of California affirmed the dismissal of a putative class action asserting claims under the Securities Act of 1933 against an electric vehicle company and the underwriters of its IPO. Bullock v.

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

By EsqSocial Corporation 08/05/25

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined at trial.” AirDoctor, LLC v. Xiamen Qichuang Trade Co., Ltd., Case No.

New Administration, Same Patent Reform Bill

By EsqSocial Corporation 08/05/25

A bipartisan group of senators and congressional representatives reintroduced the Patent Eligibility Restoration Act (PERA), which aims to reform the law of patent eligibility under 35 U.S.C. § 101.

FCA update on supervisory correspondence

By EsqSocial Corporation 08/05/25

The UK Financial Conduct Authority (FCA) has updated its webpage on supervisory correspondence in light of its recent announcement that it will no longer be issuing portfolio letters (for details, please see our update).

No Green Light to Register Color Mark for Medical Gloves

By EsqSocial Corporation 08/05/25

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard, affirming the Board’s determination that a dark green color mark use

Unpaid Internships: The Line Between Learning and Labor

By EsqSocial Corporation 08/05/25

With warmer days ahead, many individuals are eager to grow their skills and build their resumes. If you’re planning to bring on summer interns, it’s the perfect time for a quick reality check: are your interns a benefit or burden?

“Payment Handler”: A Nonce Term Without Instructions

By EsqSocial Corporation 08/05/25

The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that a software term was a “nonce” term that invoked 35 U.S.C. § 112, sixth paragraph (i.e., a means-plus-function claim element).

ECON draft report on safeguarding and promoting financial stability amid economic uncertainties

By EsqSocial Corporation 08/05/25

The European Parliament's Committee on Economic and Monetary Affairs (ECON) has published a draft report on safeguarding and promoting financial stability amid economic uncertainties.

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

By EsqSocial Corporation 08/05/25

Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA.

PRA consults on updated supervisory expectations to manage climate-related risks

By EsqSocial Corporation 08/05/25

The Prudential Regulation Authority (PRA) has issued a consultation paper (CP10/25) and draft updates to the supervisory statement 3/19.

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