News

District of Delaware Recites Policy Rationale for Dismissing Willful and Indirect Infringement Claims for Failure to Plead Pre-Suit Knowledge of Infringement

By EsqSocial Corporation 07/04/21

On March 24, 2021, U.S. District Judge Colm F. Connolly of the District of Delaware, granted a defendant’s motion to dismiss claims for contributory and induced infringement and enhanced damages under 35 U.S.C.

UK Tax Round Up - March 2021

By EsqSocial Corporation 07/04/21

Spring Budget and Tax Day - After months of speculation about the possibility that capital gains tax (CGT) rates would be increased in the Spring Budget, both it and the government’s follow up “Tax Day” on 23 March passed without any announcement on the future of CGT (or much else of immediate

Make sure it’s not a gimmick

By EsqSocial Corporation 07/04/21

A few years back, a good friend of mine who is an ERISA §3(38) fiduciary won a case from a disgruntled broker who claimed that all 3(38) services were just marketing.

Plaintiff’s TCPA Suit Stays in Federal Court

By EsqSocial Corporation 07/04/21

A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court....
By: Manatt, Phelps & Phillips, LLP

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All

By EsqSocial Corporation 07/04/21

For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works.

Officers Face Personal Liability for Steering a Sale of Columbia Pipeline to a Preferred Buyer

By EsqSocial Corporation 07/04/21

The Delaware Court of Chancery in In re Columbia Pipeline Group, Inc. Merger Litigation denied a motion to dismiss claims for fiduciary duty breach in the sale of Columbia Pipeline Group, Inc. (“Columbia”).

Valuation in Times of Market Disruption

By EsqSocial Corporation 07/04/21

Valuation practices will continue to be the subject of disputes.

The Legislative Battles Have Begun: Markey and Eshoo Vow to “Fix” The Supreme Court’s Facebook “Error”

By EsqSocial Corporation 07/04/21

Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J.

Sixth Circuit Rules Retiree Healthcare Benefits Claim Is Not Arbitrable

By EsqSocial Corporation 07/04/21

The Sixth Circuit, in a split decision, held that a dispute between a union and an employer regarding retiree healthcare benefits was not arbitrable because the issue of retiree healthcare benefits was not encompassed within the collective bargaining agreement’s (CBA’s) grievance procedures....

CFPB Rescinds Abusiveness Policy Statement

By EsqSocial Corporation 07/04/21

The CFPB recently rescinded their January 21, 2020, policy statement, citing concerns that the statement limited the Bureau’s ability to exercise the full scope of its supervisory and enforcement authority to stop abusive practices....

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