News

Sixth Circuit Widens Circuit Split On Class Action Incentive Payments

By EsqSocial Corporation 18/01/21

On September 18, 2020, we wrote an article discussing how the United States Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir.

California Supreme Court Holds Dynamex ABC Test Applies Retroactively

By EsqSocial Corporation 18/01/21

On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time they made worker classification decisions....

Supreme Court Holds Mere Retention of Bankruptcy Debtor’s Property Is Not a Violation of the Automatic Stay but More Questions Remain

By EsqSocial Corporation 18/01/21

For the past few years, the federal circuit courts have struggled with the issue of whether a creditor retaining possession of bankruptcy estate property violates the automatic stay.

Key North Carolina CON Petition Deadlines (chart included)

By EsqSocial Corporation 18/01/21

Now is the time for providers to consider filing (or re-filing) a Petition as North Carolina’s State Health Coordinating Council (SHCC) begins its efforts to prepare the document that will define opportunities to develop Certificate of Need (CON)-regulated health care facilities and services in N

COVID-19 Weekly Newsletter: Biden Announces Ambitious Vaccination Plan

By EsqSocial Corporation 18/01/21

With Inauguration Day rapidly approaching, President-elect Biden has announced an ambitious vaccination plan, and the federal government has signaled a change to its vaccine distribution process, among other COVID-19 developments from the past week....

In Case You Missed It: Launch Links - January 2021 #2

By EsqSocial Corporation 18/01/21

Some interesting links we found across the web this week: Trump Administration Increases Salary Requirements for H-1B Visa Holders - The Trump Administration has recently promulgated a new rule increasing the prevailing wages which must be paid to holders of H-1B visas for highly skilled for

Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing

By EsqSocial Corporation 18/01/21

On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott International, Inc.

Investigations Newsletter: Investment Bank To Pay Over $130 Million To Resolve Foreign Corrupt Practices Act and Fraud Allegations

By EsqSocial Corporation 18/01/21

Deutsche Bank to Pay Over $130 Million to Resolve Foreign Corrupt Practices Act and Fraud Allegations - Deutsche Bank Aktiengesellschaft (Deutsche Bank) has agreed to pay more than $130 million to resolve the government’s investigations of the Foreign Corrupt Practices Act (FCPA) violations and

China’s new blocking statute against extra-territorial application of foreign laws

By EsqSocial Corporation 18/01/21

On January 9, 2021, the PRC Ministry of Commerce (“MOFCOM”) issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”).

SEC Modernizes Investment Adviser Marketing and Solicitation Rules

By EsqSocial Corporation 18/01/21

On December 22, 2020, the SEC created a new merged rule (Marketing Rule) that replaces two rules under the Advisers Act, rule 206(4)-1 (Marketing Rule), originally adopted in 1961, and rule 206(4)-3 (Solicitation Rule), originally adopted in 1979....

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