News

Employment News: agency workers, pregnancy, trade unions

By EsqSocial Corporation 11/01/21

Read all about it – agency worker had right to be informed about vacancies, not to apply for them - It is perhaps surprising that nearly ten years after the Agency Workers Regulations (the Regulations) came into force, the extent of the protection they offer is still not clear....

Division of Examinations Issues Risk Alert on Securities Investment that Finance Communist Chinese Military Companies

By EsqSocial Corporation 11/01/21

On January 6, 2021, the Division of Examinations (“Division”) issued a Risk Alert to notify investment advisers, broker-dealers, and other market participants of a recent action relating to investments in securities associated with Communist Chinese military companies, as well as investors transa

The Neverending Story: California FTB Regulation Projects

By EsqSocial Corporation 11/01/21

Since 2017, the California Franchise Tax Board has been working on revisions to its regulations for market-based sourcing regulation for income from services and intangibles and for petitioning for alternative apportionment. Could these projects cross the finish line in 2021?

HHS Advisory Opinion Rejects Drug Manufacturers’ Attempts to Limit Contract Pharmacy Use by 340B Covered Entities

By EsqSocial Corporation 11/01/21

On December 30, 2020, the HHS Office of General Counsel (OGC) issued Advisory Opinion No. 20-06 finding the 340B Federal Drug Pricing Program requires drug manufacturers to extend 340B pricing to covered outpatient drugs dispensed through contract pharmacies.

México: Nuevas tarifas de los derechos por trámites migratorios aplicables durante 2021

By EsqSocial Corporation 11/01/21

Por medio del presente hacemos de su conocimiento que se han publicado las nuevas tarifas para los derechos por trámites migratorios que serán aplicables durante 2021....
By: Littler

On-line Retailers and Remote Sellers: Sales and Use Taxes

By EsqSocial Corporation 11/01/21

The Supreme Court of the United States’ decision in Wayfair, in June 2018, changed the landscape for sales and use taxes nexus for on-line retailers and remote sellers.

The Duty to Disclose Third-Party Offers Amidst Buy-Out Negotiations, Revisited

By EsqSocial Corporation 11/01/21

In 2011 and 2012, the New York Court of Appeals decided a series of difficult cases addressing the circumstances under which a contractual waiver or release included in a buyout or other agreement between co-owners of closely held firms provides insulation from subsequent claims for breach of fid

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Related to Memphis Pediatric Hospital

By EsqSocial Corporation 11/01/21

The Tennessee Department of Environment and Conservation (“TDEC”) issued a December 1st proposed Director’s Order and Assessment (“Order”) to Methodist Healthcare – Memphis Hospitals (“MHMH”) addressing alleged violations of the Tennessee rules related to hazardous waste. See Case No.

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

By EsqSocial Corporation 11/01/21

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v.

New HHS Advisory Opinion Confirms Complete Federal Preemption for PREP Act Cases and Applicability of the Act’s Defenses in Non-Use Situations

By EsqSocial Corporation 11/01/21

The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete preemptive federal jurisdiction and invites jurisdictional discovery; and......

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