News

Risk of Contracting COVID-19 Now Constitutes an Illness for Purposes of Obtaining an Absentee Ballot for 2021 School District Elections

By EsqSocial Corporation 04/05/21

Qualified voters for the 2021 School District Elections can now apply for an absentee ballot when they are unable to appear personally at the polling place because there is a risk of contracting or spreading COVID-19 or any other disease that may cause illness to the voter or to other members of

Plan Sponsors Must Focus on Cybersecurity – How Broad Are Their Fiduciary Shoulders?

By EsqSocial Corporation 04/05/21

Corporate America loves to manage its retirements plans. The motivation for this is unclear as the upside is limited, and the downside keeps increasing.

Supreme Court Rejects “Causation-Only” Approach to Specific Personal Jurisdiction, Deeming Connection Between Plaintiffs’ Claims and Defendants’ Activities in Forum State “Close Enough” to Support Exercise of Jurisdiction

By EsqSocial Corporation 04/05/21

On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants' activities in the forum state “gave rise to” the plaintiff’s claims.

Kansas Decouples from GILTI and 163j

By EsqSocial Corporation 04/05/21

Yesterday afternoon the Kansas legislature overrode Governor Laura Kelly’s veto of Senate Bill (SB) 50, effectively enacting the provisions of the bill into law.

Blog: Not much data disclosed on human capital, according to new survey

By EsqSocial Corporation 04/05/21

When, in August 2020, the SEC considered adopting a new requirement to discuss human capital as part of an overhaul of Regulation S-K, the debate centered largely on principles-based versus prescriptive regulation—a debate that continues to this day.

The False Claims Act and Covid-19 Federal Spending

By EsqSocial Corporation 04/05/21

The False Claims Act (“FCA”), especially its qui tam component, has repeatedly proven to be the most effective weapon the federal government can employ to recover payments private citizens and entities fraudulently obtain.  The FCA holds accountable those who knowingly present false or fraudulent

Using Sanctions Screening and List Management to Support a Stable Sanctions Compliance Framework

By EsqSocial Corporation 04/05/21

A robust sanctions compliance program is a key part of financial crimes compliance programs for financial institutions as well as businesses engaged in global commerce.

A Recent Ruling that Shari’a Compliant Investment Agreements Do Not Qualify for Safe Harbor Treatment May Have Broader Implications

By EsqSocial Corporation 04/05/21

In a first, the Bankruptcy Court for the Southern District of New York in the Arcapita Bank case had to decide whether Shari’a compliant investment agreements, providing for Murabaha and Wakala transactions, qualify for the safe harbor protections provided in the bankruptcy code for securities co

Common-Law Claims Associated with Unsolicited Faxes Held to be “Arising Out of” Violation of the TCPA

By EsqSocial Corporation 04/05/21

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that common-law tort claims regarding errant faxes arose out of the Telephone Consumer Protection Act (TCPA) so as to trigger an exclusion in the relevant insurance policy....

Federal Circuit: Requesting, Transmitting, Receiving, Copying, Deleting, and Storing Data Records Is an Abstract Idea

By EsqSocial Corporation 04/05/21

A recent decision by the U.S. Court of Appeals for the Federal Circuit highlights the importance of describing any improvements to technology in the specification. In the case of Whitserve LLC v.

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