News

The Barton Doctrine After Dismissal: Protection Denied

By EsqSocial Corporation 03/11/20

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that calls into question the long-held Barton doctrine following the dismissal of a bankruptcy case and thus the jurisdiction of that court. In Tufts v. Hay, No.

Sanctions for Partially Frivolous Appeals in California

By EsqSocial Corporation 03/11/20

Sometimes in an appeal, the appellant takes a “kitchen sink” approach to briefing by advancing a number of baseless claims. Appellant has the burden of showing the lower court erred and may believe if it hurls enough contentions, maybe one will stick....

COVID-19: New SBA Forms Asking Key Necessity and Liquidity Questions

By EsqSocial Corporation 03/11/20

Borrowers of Paycheck Protection Program (PPP) loans of US$2M or more will be required to complete a new form as part of the Small Business Administration (SBA) review process, which appears to ask key questions about private equity (PE) ownership, market capitalization, quarterly revenue, and CO

Rarely Used "Constructive Termination for Convenience" Argument Disposes of Contractor Claim

By EsqSocial Corporation 03/11/20

In a recent Court of Federal Claims decision, JKB Solutions and Services, LLC v. U.S., Nr.

The CFPB Issues Regulation F, but the Debt Collection Rules Are Far From Final

By EsqSocial Corporation 03/11/20

The long-awaited Final Rule (Regulation F) for the Fair Debt Collection Practices Act (FDCPA) was issued Friday afternoon, concluding a seven-year rulemaking process.

Are You Counting LTPTEs for Your 401(k) Plan?

By EsqSocial Corporation 03/11/20

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the Act) made changes in the qualified plan rules for eligibility and vesting with respect to so-called “long-term part-time” employees (LTPTE).

How Dealerships Can Balance School Re-Openings And COVID-19 Leave

By EsqSocial Corporation 03/11/20

The school year is several months underway, and re-opening plans vary widely for schools across the nation during the COVID-19 pandemic. Some schools have transitioned to a distance, or remote, learning model, which require students to attend classes online.

UK SFO Publishes DPA Guidance: comparing and contrasting the approach of the U.S. DOJ to DPAs

By EsqSocial Corporation 03/11/20

The United Kingdom Serious Fraud Office (SFO) recently published comprehensive guidance on Deferred Prosecution Agreements (DPAs).

NYC Releases Updated Paid Sick and Safe Time Notice of Employee Rights

By EsqSocial Corporation 03/11/20

A quick update to our earlier posts on New York State and New York City’s paid sick leave laws.

SMCR: Full Implementation for Solo-Regulated Firms Delayed to 31 March 2021

By EsqSocial Corporation 03/11/20

The UK Financial Conduct Authority recently published Policy Statement 20/12, which sets out the final rules on the extension of the Senior Managers and Certification Regime implementation deadlines for the certification regime and conduct rules....

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