News

NAD Considers Context in Puffery Argument

By EsqSocial Corporation 29/10/20

Stokely-Van Camp (or “SVC”), the makers of Gatorade, recently challenged claims made by BodyArmor about its SuperDrink and Lyte sports drinks, including banners with the following text......

Marcellus Shale Update: Fracking Finally Gets The Attention It Deserves

By EsqSocial Corporation 29/10/20

...Just one week before the 2020 Presidential election, two topics are dominating the conversation - the coronavirus and hydraulic fracturing, commonly known as “fracking.” The reason for the coronavirus is obvious, but many are surprised that fracking issues are so important.

Botched Termination Leads to Preliminary Injunction, Trapping Manufacturer With Distributor

By EsqSocial Corporation 29/10/20

A recent federal court decision serves as a cautionary tale for manufacturers looking to terminate resellers (dealers or distributors) in their distribution networks. When weighing and executing a termination, manufacturers cannot myopically focus on business considerations and consequences.

New Rule on F, I and J Visa Status Would Significantly Impact International Medical Graduate Health Care Workers

By EsqSocial Corporation 29/10/20

Many international medical graduates (IMGs) from around the world come to the U.S. each year to complete a U.S. residency program and become licensed to practice in this country, filling a significant need due to physician shortages in many communities.

DOL ERISA Enforcement Remains Robust, but Will New OMB Memo Ease the Burden from DOL Investigations?

By EsqSocial Corporation 29/10/20

The US Department of Labor (DOL) released its 2020 statistics on ERISA enforcement activities on October 27, affirming that the agency’s investigations remain robust. In sharing the statistics, the DOL not only boasted that it had restored $3.1 billion to employee benefit plans......

5 Ways Big Data and Artificial Intelligence Could Change the Landscape of Government Contracting

By EsqSocial Corporation 29/10/20

In recent years, big data and artificial intelligence (AI) have received significant attention, mainly in the commercial sector, but increasingly so in the federal government.

Achieving Information Governance through a Transformative Cloud Migration

By EsqSocial Corporation 29/10/20

Recently, I had the pleasure of appearing as a guest on Season 5, Episode 1 of the Law & Candor podcast, hosted by Lighthouse’s Rob Hellewell and Bill Mariano.

Project Emission Accounting/New Source Review: U.S. Environmental Protection Agency Final Clean Air Act Rule

By EsqSocial Corporation 29/10/20

The United States Environmental Protection Agency (“EPA”) announced on October 22nd it had finalized certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of Significant Deterioration (“PSD”) and Nonattainment (“NA”) programs.

Why Ask For An Opinion That A Contract Has Been Delivered?

By EsqSocial Corporation 29/10/20

California Civil Code Section 1550 provides that only four elements are "essential" to the existence of a contract......
By: Allen Matkins

Labeling carve-out does not shield generic drug makers from induced infringement claims, CAFC rules

By EsqSocial Corporation 29/10/20

The U.S. Court of Appeals for the Federal Circuit (CAFC) recently decided (2-1) in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

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