News

Non-Solicitation Clauses Face Antitrust Scrutiny: Key Takeaways from St. Joseph's v. NAPA

By EsqSocial Corporation 20/12/24

A recent decision from the United States District Court underscores the antitrust risks of non-solicitation clauses in service agreements. In St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C. et al., No. 5:24-cv-276 (BKS/ML), 2024 U.S. Dist. LEXIS 217703 (N.D.N.Y.

Key Changes for Oregon, Washington, and California Employers in 2025

By EsqSocial Corporation 20/12/24

As 2024 wraps up and we look forward to 2025, below is a summary of upcoming changes in employment law that may impact employers in Oregon, Washington, and California.

Joint Ventures, Industry Groups, Trade Associations and Other Business Collaborations Face Increased Legal Uncertainty as Antitrust Enforcers Withdraw Longstanding Antitrust Collaboration Guidelines

By EsqSocial Corporation 20/12/24

On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines) issued in April 2000.

La Cour d’appel de l’Alberta donne de nouvelles indications pour déterminer si des tiers à un contrat peuvent être contraints à l’arbitrage

By EsqSocial Corporation 20/12/24

Dans un arrêt récent rendu dans l’affaire Husky Oil Operations Limited v.

ISS Updates Voting Policies and Executive Compensation FAQs

By EsqSocial Corporation 20/12/24

A few days ago, ISS issued this press release announcing the updating of its voting policies, for annual meetings held on or after February 1, 2025. Here is the complete set of ISS benchmark voting policies....
By: Cooley LLP

NMPA Releases Draft Administrative Measures for Pharmaceutical Representatives: Review and Considerations

By EsqSocial Corporation 20/12/24

China’s main healthcare regulatory bodies, including the National Medical Products Administration, released draft administrative measures for pharmaceutical representatives intended to strengthen anti-corruption efforts and clarify obligations and compliance expectations in China’s healthcare ind

Section 48 Energy Investment Tax Credit: Final Regulations Released

By EsqSocial Corporation 20/12/24

The U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) have released final regulations for the energy investment tax credit (ITC) under Section 48 of the Internal Revenue Code, which was significantly revised and expanded by the Inflation Reduction Act (IRA)....

But My Affiliates ARE Me! GAO Rules Agencies May Limit Use of Affiliate Experience and Past Performance

By EsqSocial Corporation 20/12/24

On November 15, 2024, the Government Accountability Office (GAO) denied a protest where a mentor-protégé joint venture offeror attempted to use the past experience of a wholly owned subsidiary of the protégé member to satisfy a solicitation requirement.

TCPA Tracker for October - November 2024

By EsqSocial Corporation 20/12/24

Supreme Court Agrees to Hear TCPA Case - On October 4, 2024, the United States Supreme Court granted certiorari and agreed to hear arguments in McLaughlin Chiropractic Associates, Inc. v. Mckesson Corp.

SEC charges Becton Dickinson with misleading investors about regulatory risks and product sales

By EsqSocial Corporation 20/12/24

The SEC has announced settled charges against Becton, Dickinson and Company, a medical device manufacturer known as BD listed on the NYSE, for “repeatedly misleading investors about risks associated with its continued sales of its Alaris infusion pump and for overstating its income by failing to

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