News

DOL Proposed Regulations on Proxy Voting

By EsqSocial Corporation 29/10/20

The Department of Labor (DOL) issued a proposed rule with 30-day comment period to address the application of fiduciaries’ duties with respect to proxy voting and exercises of other shareholder rights.

This Holiday Season, Don’t Open Pandora’s Box!

By EsqSocial Corporation 29/10/20

For retailers, the holiday season is indeed the “most wonderful time of the year.” But with additional stock and sales to handle, retailers also typically need to increase staffing and hours for employees, which can create risk on the employment law front......

Dismissal Denied in California DTSA Case Involving Production of Alleged Trade Secret Documents in Discovery

By EsqSocial Corporation 29/10/20

The U.S. District Court for the Central District of California recently denied a motion to dismiss a claim brought under the Defend Trade Secrets Act (DTSA). In Falcon Woods, LLC v. Gooding & Co., Case No. 2:20-cv-02226-SVW, 2020 WL 5898805 (C.D. Ca.

The CFPB Proposes Amendments to the Qualified Mortgage Definition in Regulation Z and Extends the GSE Patch

By EsqSocial Corporation 29/10/20

The Consumer Financial Protection Bureau (CFPB) recently proposed certain amendments to the General Qualified Mortgage (QM) definition in Regulation Z and issued a filing rule extending the expiration of the Government-Sponsored Enterprise (GSE) Patch as a “temporary qualified mortgage” until the

ConocoPhillips Has An Ambition Is to Be Net-Zero by 2050-ish — It's a Start

By EsqSocial Corporation 29/10/20

Last week, ConocoPhillips announced a goal of reducing its emissions to net-zero by 2045-2055. It’s a significant step and so it is important to note both what is in the plan and what is not......

Oregon CAT: Oregon Department of Revenue Releases Anticipated Draft Rules

By EsqSocial Corporation 29/10/20

On October 26, 2020, the Oregon Department of Revenue (“DOR”) released two anticipated Oregon Corporate Activity Tax (“CAT”) draft rules: OAR 150-317-1310 (Estimated Tax Payments: Delinquent or Underestimated Payment or Both, Constitutes Underpayment) and OAR 150-317-1420 (Damages Received as a R

Best Interest Standard of Care for Advisors #36

By EsqSocial Corporation 29/10/20

The Department of Labor’s Proposed Prohibited Transaction Exemption and its Impact on Recommendations to Plans, Participants and IRAs (Part 1) On July 7, 2020 the DOL issued a proposed prohibited transaction exemption (PTE) that would allow conflicted recommendations resulting from nondiscretio

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 - Part 1: Inconsistent Federal Circuit Guidance

By EsqSocial Corporation 29/10/20

December 1, 2020 will mark the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement.

FBI: Scammers in Disguise Target Health Care Providers with Threats and Phony Investigations

By EsqSocial Corporation 29/10/20

On October 13, 2020, the FBI’s Office of Private Sector issued a Liaison Information Report [“LIR”] to warn medical providers of a nationwide fraud scheme targeting them.

SEC’s Reg BI Roundtable Round-up

By EsqSocial Corporation 29/10/20

On October 26, the SEC hosted a roundtable discussion during which the SEC and FINRA shared some of their observations about how firms are doing implementing Regulation Best Interest.

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