News

Town of East Hampton ZBA Denial of 9.8 Foot Setback Variance for a Patio is Upheld by Appellate Division, Second Department

By EsqSocial Corporation 26/10/20

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is requ

California Court Enforces Federal Forum Selection Provision For 1933 Act Claims

By EsqSocial Corporation 26/10/20

A California court ruled that a forum selection provision in a Delaware company’s registration statement requiring that certain securities litigation be brought solely in federal court was enforceable.  Wong v. Restoration Robotics, Inc., Case No. 18CIV02609 (Cal. Sup.

Financial institutions general regulatory news, October 2020 # 4

By EsqSocial Corporation 26/10/20

COVID-19: FCA proposes additional guidance for insurance and premium finance firms on customers in financial difficulty - The FCA has published draft additional guidance for insurance and premium finance firms, setting out its expectations on how firms should provide support to their insurance

Senate confirms Judge Amy Coney Barrett to Supreme Court

By EsqSocial Corporation 26/10/20


Reimagining Real Estate for the Pandemic and After

By EsqSocial Corporation 26/10/20

During the pandemic, some real estate owners are struggling. Retail assets (other than essentials such as grocery, pharmacy, and gas stations) may experience reduced rental income as tenants go out of business.

Oyster Fight!

By EsqSocial Corporation 26/10/20

I spend a lot of time handling cases on or near the waterfront.  One recent opinion caught my eye.  Judge Jackson ruled on a Motion to Dismiss concerning an oyster farm and distribution business.  The individual defendants were the founders of the corporate defendant—Wharf Oyster Company, LLC.  T

ASTM's Proposed Definition of CREC May Jeopardize Landowner Liability Protections Under CERCLA | Insights

By EsqSocial Corporation 26/10/20

ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional controls, undermining 20 years' worth of other ASTM and U.S.

H&M Fined EUR 35 Million for Violating Employee Privacy in Germany

By EsqSocial Corporation 26/10/20

In early October, the Data Protection Authority in Hamburg, Germany announced that the clothing retailer H&M committed severe violations of its employees’ privacy.

Changes to the Regulatory and Prudential Requirements for European Investment Firms

By EsqSocial Corporation 26/10/20

Regulation (EU) 2019/2033 on the prudential requirements of investment firms and Directive (EU) 2019/2034 on the prudential supervision of investment firms (collectively, "IFR/IFD Framework") significantly change the regulatory and prudential environment of investment firms.

IRS Issues Final Regulations Concerning Withholding on Partnership Interest Transfers

By EsqSocial Corporation 26/10/20

The US Department of the Treasury and Internal Revenue Service (IRS) recently issued final regulations under section 1446(f), a provision enacted as part of the Tax Cuts and Jobs Act of 2017 (TCJA) that generally imposes a withholding obligation on transfers of certain partnership interests (Note

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