News

UK Supreme Court Grants Permission to Appeal Landmark Case on Motor Finance Commission Payments and Disclosure Thresholds

By EsqSocial Corporation 20/12/24

Last week the Supreme Court granted permission to appeal the Court of Appeal's decision in a case examining the permissibility of motor finance commission payments, which challenged traditional legal thinking relating to customary commission arrangements across all retail sectors, and which may,

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

By EsqSocial Corporation 20/12/24

Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters.

Louisiana Operator Survives Forfeiture of Right to Recover Drilling Costs

By EsqSocial Corporation 20/12/24

In Mistretta v. Hilcorp Energy Company, unleased mineral owner Mistretta sued Hilcorp alleging failure to provide requested production and well cost information pertaining to an oil well operated by Hilcorp. The well was in a unit established in accordance with the Louisiana Conservation Act.

Complying With the ‘Relevant Data’ Requirement Under the Final 2024 Mental Health Parity and Addiction Equity Act: A Proposal for a Workable Alternative

By EsqSocial Corporation 20/12/24

The Mental Health Parity and Addiction Equity Act (MHPAEA) generally requires group health plans and health insurance issuers to ensure that financial requirements (such as copays and deductibles), quantitative treatment limitations (such as visit limits), and nonquantitative treatment limitation

FCC’s One-To-One Consent Rule Takes Effect in January

By EsqSocial Corporation 20/12/24

For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending certain automated texts.

OCR Provides Update on USVI Cannabis License Application Timeline and Process

By EsqSocial Corporation 20/12/24

In the wake of a prior statement disavowing a schedule that had been widely circulated and purported to outline the Office of Cannabis Regulation’s (“OCR”) timeline for opening cannabis license applications, on December 16, 2024, the OCR convened an open forum for stakeholders to set the record s

Deadline Quickly Approaching for NY Nursing Homes and Owners/Operators Regarding CMS Star-Rating Postings

By EsqSocial Corporation 20/12/24

Effective as of December 26, 2024, each nursing home facility (“Facility”) in New York State will be required to post its overall Centers for Medicare & Medicaid Services (“CMS”) rating, as well as its ratings for (i) health inspections, (ii) staffing and (iii) quality measures, on: - The ho

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

By EsqSocial Corporation 20/12/24

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when state law says exactly the opposite reminded me of this one: And it’s hard

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

By EsqSocial Corporation 20/12/24

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution.

New Accelerated Approval Guidance Underscores Need for Accountability

By EsqSocial Corporation 20/12/24

On December 5, 2024, just in time for the holidays, the U.S. Food and Drug Administration (“FDA” or the “Agency”) released a draft guidance titled “Expedited Program for Serious Conditions: Accelerated Approval of Drugs and Biologics Guidance for Industry” (the “Draft Guidance”)......

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