News

"Bad" v. "Bad-Faith" Oversight: Navigating the Risks of Potential Oversight Liability Following Marchand v. Barnhill

By EsqSocial Corporation 01/03/21

In June 2019, the Delaware Supreme Court issued a decision that signaled a potential departure from the court’s existing thinking on oversight liability for boards of directors. The court in Marchand v.

Legislative Top 5: February 26, 2021

By EsqSocial Corporation 01/03/21

The news of the week is the arrival of the always long-awaited February Forecast. However, with just two weeks before the first deadline, several other issues are making headlines as well....

The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts

By EsqSocial Corporation 01/03/21

In Milburn v.

Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order

By EsqSocial Corporation 01/03/21

On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order. The case was brought by seven Texas landlords against the CDC, challenging the CDC moratorium order.

SEC Signals Increased Focus on Climate-Related Risk Disclosures

By EsqSocial Corporation 01/03/21

On February 24, 2021, Acting Chair of the Securities and Exchange Commission Allison Herren Lee released a public statement directing the Division of Corporation Finance to enhance its focus on climate-related risk disclosures in public filings.

Ninth Circuit holds public injunctive relief may be pursued by an individual in arbitration, thereby enforcing arbitration agreement and class action waiver

By EsqSocial Corporation 01/03/21

Takeaway: One of the most effective tools for a business to reduce its exposure to class action litigation is to include compulsory arbitration provisions and class action waivers in customer-facing contracts.

New Jersey Reinstates Property Tax Exemption for Nonprofit Hospitals

By EsqSocial Corporation 01/03/21

Summary - New Jersey Gov. Phil Murphy signed into law legislation that restores property tax exemptions for nonprofit hospitals. However, the law requires New Jersey nonprofit hospitals to make a community service contribution....

Financial Services Industry Back Under Congress’ Microscope

By EsqSocial Corporation 01/03/21

Investigations into financial services companies are expected to heat up during the 117th Congress, with Democratic leadership already signaling interest - With a newly seated Democratic majority in both chambers, we anticipate heightened congressional oversight of the private sector, including

The Spread Of Hero Pay Continues

By EsqSocial Corporation 01/03/21

Despite the California Grocers Association lawsuits pending against four cities over hero pay ordinances, more cities and counties have passed or are considering premium pay ordinances for grocery store and similar workers.

Cybersecurity Breach Prompts A Variety Of New Procedures To Protect Sensitive Court-Filed Documents

By EsqSocial Corporation 01/03/21

Federal courts throughout the country have rushed to update guidelines governing the filing and maintenance of sensitive court records in response to “a known compromise” of the widely-used SolarWinds Orion IT monitoring and management platform.

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