News

DECREASING HSR Premerger Notification Thresholds in 2021

By EsqSocial Corporation 02/02/21

The Federal Trade Commission has announced new HSR thresholds for 2021, which are lower than the existing thresholds. The thresholds typically increase year-over-year, but are decreasing in 2021 from $94 million to $92 million, potentially requiring HSR premerger notification filings to the U.S.

Delaware Chancery Decision Highlights Need To Protect Privilege In Outside Director Communications

By EsqSocial Corporation 02/02/21

In In re WeWork Litigation, the Delaware Court of Chancery has held that a company’s communications with outside directors are not protected by attorney-client privilege. The directors had used outside email accounts for the communications....

DHS Extends TPS For Syrian Nationals

By EsqSocial Corporation 02/02/21

On January 29, 2021, the Department of Homeland Security (DHS) announced the extension of Temporary Protected Status (TPS) for Syrian nationals for a period of 18 months until September 2022.

Oregon OSHA Proposes Final, Permanent COVID-19 Safety Rules for Oregon Employers

By EsqSocial Corporation 02/02/21

As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic.  (More information about the rules is available here, here and here).

Assisted Living Rulemaking Comment Period Closes Soon

By EsqSocial Corporation 02/02/21

Minnesota’s new assisted living licensure is set to take effect August 1, 2021. In connection with the new statute, the Minnesota Department of Health has commenced the process for adopting assisted living rules....

Alert: Hart-Scott-Rodino Act Thresholds Decrease for 2021

By EsqSocial Corporation 02/02/21

Baseline HSR threshold now $92 million The Hart-Scott-Rodino Act requires that parties to certain transactions, including mergers and acquisitions, acquisitions of voting securities, and assets and minority investments, file notifications with the Department of Justice Antitrust Division and the

The Biden Administration Removes Limits on Agency “Guidance” – And Creates A New Agenda Enforcement Tool

By EsqSocial Corporation 02/02/21

Synopsis: On January 20, 2021, the Biden Administration revoked the Trump Administration Executive Order (EO) which had restricted agency Guidance.

The DFARS Rule on Covered Telecommunications Equipment or Services Is Final

By EsqSocial Corporation 02/02/21

The Department of Defense (DoD) issued a final rule on Covered Telecommunications Equipment or Services that implements Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91)....

Businesses Face Risk Related to Mandatory Employee Masking Policies

By EsqSocial Corporation 02/02/21

Summary - In a class action lawsuit pending in the United States District Court for the Northern District of California, a consumer-plaintiff alleged that Nike Inc.’s policy requiring employees to wear opaque, Nike-branded facemasks is discriminatory.

Seemingly Simple Things that Are Often Done Wrong: Patent Assignments and The German Act On Employee Inventions

By EsqSocial Corporation 02/02/21

The vast majority of patent litigation involves a patent or a patent portfolio that has been assigned at least once during its life. Yet seemingly simple and ubiquitous patent assignment documents are blundered by even experienced counsel.

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