News

Trends in M&A Provisions: Disclosure Schedule Updating

By EsqSocial Corporation 05/11/20

Market Trends: What You Need to Know - Over the past several years, an express right, or obligation, of sellers to update disclosure schedules between signing and closing is becoming less common. Originally Published in Bloomberg Law - November 2020....

The Scrivener: Shotgun Pleadings

By EsqSocial Corporation 05/11/20

My history with shotguns is not good. I was a pre-teen the first time I ever picked up a shotgun. Daddy thought I should have a target practice lesson in our back yard, but the recoil from my first shot almost took off my shoulder. So that was the last time I shot the gun.

FTC Staff Report on Buying and Financing Cars: Part I

By EsqSocial Corporation 05/11/20

In July 2020, the Federal Trade Commission (“FTC”) issued its “Staff Report on Buying and Financing Cars.” The Staff Report consisted of two separate reports – a report from the FTC’s Bureau of Consumer Protection (“BCP”) entitled “Buckle Up: Navigating Auto Sales and Financing,” and a joint stud

CMS Finalizes 2021 End-Stage Renal Disease Prospective Payment System Rule Expanding Payments for In-Home Dialysis Equipment and Supplies

By EsqSocial Corporation 05/11/20

On November 2, 2020, the Centers for Medicare & Medicaid Services (CMS) finalized its 2021 End-Stage Renal Disease Prospective Payment System Rule.

5 Key Trends - AI Application Examination

By EsqSocial Corporation 05/11/20

What does examination of an AI application typically look like? Kilpatrick Townsend’s Kate Gaudry and Leron Vandsburger offer five key trends... Please see full article below for more information....

Overcoming Consulting (Non-Testifying) Expert Privilege

By EsqSocial Corporation 05/11/20

Retained experts play a role in most forms of litigation.  Many practitioners are familiar with the general rules regarding discoverability of information held by experts: if they will testify at trial, their opinions and supporting facts are discoverable; but if they won’t testify at trial, ofte

IRS Announces Cost of Living Adjustment (COLA) Limits for 2021 Applicable to Retirement Plans

By EsqSocial Corporation 05/11/20

The Internal Revenue Service and the Social Security Administration have announced the cost of living adjustments (COLA) applicable to dollar limitations for retirement plans and the Social Security wage base for 2021.

Second Circuit Affirms Arbitration Award of Over $2M in Fees to Prevailing Party

By EsqSocial Corporation 05/11/20

EB Safe commenced arbitration proceedings against Mark Hurley arising out of a business dispute. The arbitrators ruled in Hurley’s favor and awarded him expenses and attorneys’ fees totaling more than $2 million.

EPL Insurer Must Defend Lawsuit Derived in Part from EEOC Claim and Retaliation Lawsuit Filed Prior to Policy Period

By EsqSocial Corporation 05/11/20

Applying Michigan law, a federal district court has held that an employment practices liability insurer had a duty to defend a lawsuit that derived in part from facts or circumstances that were the subject of an EEOC claim and lawsuit filed prior to the policy period.  City of Grosse Pointe v.

Blog: New initiative asks companies to disclose board racial/ethnic composition

By EsqSocial Corporation 05/11/20

Legislation—such as California’s board racial/ethnic diversity mandate and board gender diversity mandate —is not the only route that diversity advocates are employing to diversify the ranks of corporate directors.

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