News

Court Held That The Issue Of Who Was Included In The Class Of Descendants Was Not Ripe Until The Current Beneficiary Dies

By EsqSocial Corporation 08/02/21

In Ackers v. Comerica Bank & Trust, N.A., an income beneficiary sued a trustee for a declaration regarding the construction of a testamentary trust. No. 11-18-00352-CV, 2020 Tex. App. LEXIS 10442 (Tex. App.—Eastland December 31, 2020, no pet. history)....

Construction Group Out + About - February 2021

By EsqSocial Corporation 08/02/21

As 2020 came to a much-anticipated and welcome close, and as we approach the one-year anniversary of the start of the global COVID-19 pandemic, the article reflects on the impacts the health crisis has had on the construction marketplace and surety industry and its likely lasting effects in the y

This Week at the Ninth: Floral Prints and Janitors

By EsqSocial Corporation 08/02/21

This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction between independent contractors and employees. DESIRE, LLC v.

CCBJ Interview With Jacqueline Silvey, Esq. | COVID-19 Reveals Inherent Advantages Of ADR

By EsqSocial Corporation 08/02/21

Jacqueline Silvey, general counsel with NAM (National Arbitration and Mediation), discusses the changes she's seen in alternative dispute resolution over the years, the current state of the industry, and where she sees it going post-pandemic.

Seventh Circuit: Paid Leave May Be Required During Military Service

By EsqSocial Corporation 08/02/21

The US Court of Appeals for the Seventh Circuit on February 3 reinstated an airline pilot’s putative class action lawsuit alleging that United Airlines violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to provide paid leave and profit-sharing-plan credit t

Request for Second Fintiv Preliminary Reply Denied

By EsqSocial Corporation 08/02/21

On January 19, 2021, Petitioner, 10X Genomics, requested via email authorization to file 1) a five page brief addressing the Board’s institution decision in Samsung Electronics Co., Ltd. v. Acorn Semi, LLC, IPR2020-01204, (Jan. 13, 2021, “Samsung Electronics case”) (citing Sotera Wireless, Inc.

The Wisconsin Mask Mandate Renewed!

By EsqSocial Corporation 08/02/21

On Thursday, February 4, 2021, the Wisconsin State Assembly (“Assembly”) voted on a resolution to repeal the mask mandate. This vote came a week after the Wisconsin State Senate (“Senate”) voted on the same resolution to repeal the mask mandate.

Employment News: victimisation, indirect discrimination

By EsqSocial Corporation 08/02/21

Tell it like it is – email referring to potentially discriminatory conduct not a protected act - In Chalmers v Airpoint Ltd the EAT in Scotland found that an employee had not done a protected act for the purposes of a victimisation claim ......

Supreme Court of Canada Imposes Good Faith Limits on the Exercise of Contractual Discretion

By EsqSocial Corporation 08/02/21

Good faith requires a party who has a discretionary power under a contract to exercise that discretion in accordance with the purposes for which it was conferred, the Supreme Court of Canada recently held in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.

Fifth Circuit Affirms Dismissal of SOX Whistleblower Claim for Lack of Employer-Employee Relationship

By EsqSocial Corporation 08/02/21

On January 29, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a SOX whistleblower retaliation claim where the plaintiff failed to establish an employer-employee relationship with the defendant. Moody v. Am. Nat’l Ins. Co., No. 20-cv-40462....

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