News

Wiley Consumer Protection Download (March 1, 2021)

By EsqSocial Corporation 02/03/21

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC).

Supreme Court Declines Request to Address False Claims Act Liability For Medically Unnecessary Services

By EsqSocial Corporation 02/03/21

The Supreme Court of the United States declined to take up two circuit court decisions on whether “objective falsity” is a requirement for False Claims Act (FCA) liability. The two cases, United States v. Care Alternatives from the Third Circuit and United States v.

COVID-19 Continues to Leave Commercial Landlords and Tenants Frustrated

By EsqSocial Corporation 02/03/21

While the pandemic has forced the closure of dozens of restaurants and retail locations across the country, those still serving their communities just received a helping hand from the Massachusetts Superior Court.

COVID-19 Medical Products Supply Chain Week in Review - March 2021 #1

By EsqSocial Corporation 02/03/21

In the past week, President Biden signed the Executive Order on America’s Supply Chains, kicking off a comprehensive review of supply chain risks.

Smart Technology in Commercial Real Estate

By EsqSocial Corporation 02/03/21

“Hey Siri…” “Alexa…” “Okay Google…” These are just some of the buzzwords and phrases that have entered day-to-day vocabulary as a result of the explosion of smart technology. Internet of Things (IoT) devices are in our cars, in our workplaces and on our bodies.

A Lesson on Establishing "Standing" in Bid Protests

By EsqSocial Corporation 02/03/21

A critical hurdle to filing a viable bid protest is to establish "standing." Standing, in the context of a bid protest, requires that the offeror bringing the protest be an "interested party," i.e., a prospective bidder whose "direct economic interest would be affected by the award of the contrac

Order Sending Former Mail Sorter to Arbitration Teaches Some Lessons About Who Is a Transportation Worker and Agreement Coverage

By EsqSocial Corporation 02/03/21

Since 2019, we have been tracking the decisions struggling to interpret the scope of the Federal Arbitration Act (FAA) Section 1 exemption for transportation workers.

Consumer Protection Claims Not Barred By Antitrust Exclusion

By EsqSocial Corporation 02/03/21

The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports equipment manufacturer asserting violations of consumer protection laws.

Judges Chan and Crane Are Assigned as New Commercial Division Judges

By EsqSocial Corporation 02/03/21

Hon. Margaret Anne Pui Yee Chan and Hon. Melissa A. Crane have been assigned to the Commercial Division of Supreme Court, New York County.

IRS Issues Final Section 162(m) Regulations On Companies’ Ability To Deduct Executive Pay

By EsqSocial Corporation 02/03/21

The Internal Revenue Service (IRS) recently published final regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) to Section 162(m) of the Internal Revenue Code (Section 162(m)) expanding the scope of Section 162(m)’s compensation tax deduction limitation.

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