News

Wealth Management Update - January 2021

By EsqSocial Corporation 14/01/21

January 2021 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Certain federal interest rates increased slightly for January of 2021 while others remained the same.

DOJ Continues its Enforcement Efforts Against Anticompetitive Conduct in Labor Markets, Charges Health Care Company for No-Poach Agreements with First Criminal Indictment

By EsqSocial Corporation 14/01/21

Last week, the Department of Justice (“DOJ”) announced the criminal indictment of Surgical Care Affiliates LLC (“SCA”), an Alabama- and Illinois-based company, which owned and operated outpatient medical centers around the U.S., for its alleged agreements with competitors not to solicit senior-le

Board Designates Three Precedential Decisions for Instituting, Including Real Party in Interest

By EsqSocial Corporation 14/01/21

The U.S. Patent and Trademark Office (Patent Office) designated new Patent Trial and Appeal Board (Board) precedents protecting patent owners from multiple inter partes review (IPR) challenges.

Setting the record straight on “free speech” rights in the workplace

By EsqSocial Corporation 14/01/21

Freedom of Speech. Most Americans seem to agree it is the most fundamental of rights guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant consequences for making unpopular statements.

China Releases Rules to Address Extra-Territorial Applications of Foreign Laws

By EsqSocial Corporation 14/01/21

The Development: China's Ministry of Commerce ("MOFCOM") released Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Laws and Other Measures ("Rules") on January 9, 2021.

FCC Issues Call Volume and Opt-Out Rules for Calls Exempted From TCPA’s Consent Requirements

By EsqSocial Corporation 14/01/21

Over the years, the FCC has established a number of exemptions to the TCPA’s prohibition on unconsented autodialed and pre-recorded or artificial voice calls.

No Kitchen Confusion: When Comparing Marks, the Trademark Board Can Give Less Weight to Shared Terms if the Terms Are Suggestive or Descriptive

By EsqSocial Corporation 14/01/21

QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to shared terms that are highly suggestive if not descriptive.

Year-End Appropriations Bill Includes Myriad Medicare Policy Changes

By EsqSocial Corporation 14/01/21

The Big Picture - Until late December, few if any Medicare policy changes were anticipated as part of a year-end healthcare package, barring extensions of funding for programs that otherwise would have expired.

CMS Finalizes New Limitations to the Isolated Transactions Exception to the Stark Law

By EsqSocial Corporation 14/01/21

The Situation: The isolated transactions exception under the Stark Law has been used by some providers and entities to retroactively protect services arrangements that do not qualify for personal services or fair market value compensation exceptions because, for example, the arrangements were not

How to Determine Identity of the Declarant in Planned Community

By EsqSocial Corporation 14/01/21

The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium.

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