News

Federal Trade Commission Announces Increased Fines

By EsqSocial Corporation 01/07/16

On June 29, 2016, the Federal Trade Commission (FTC) announced significant increases in the maximum civil penalties for violations of 16 provisions of law it enforces, including the FTC Act and Clayton Act. Effective August 1, maximum civil...

Section 409A, 457 IRS Proposed Regulations

By EsqSocial Corporation 01/07/16

Section 409A - On June 22, 2016 the Internal Revenue Service issued new proposed regulations on the income inclusion provisions of Section 409A. These regulations will be of interest to employers that have nonqualified deferred compensation plans...

IRS Issues Proposed Regulations Under Code Section 457

By EsqSocial Corporation 01/07/16

On June 21, 2016, the Internal Revenue Service (IRS) issued long-awaited proposed Treasury Regulations prescribing rules under Section 457 of the Internal Revenue Code (the "Code") for the income taxation of deferred compensation arrangements for...

Intrinsic Feature in All Described Embodiments Makes Claim Insurmountable **WEB ONLY**

By EsqSocial Corporation 01/07/16

Addressing issues of claim construction, the US Court of Appeals for the Federal Circuit affirmed a district court, finding that that no reasonable juror could find infringement where none of the accused products contained features that met the...

GAO Tackles Cybersecurity

By EsqSocial Corporation 01/07/16

In two recent decisions, GAO denied protest grounds challenging the ability of contract awardees to satisfy government requirements related to cybersecurity. This posting analyzes those decisions and their implications for contractors....

Privacy Shield: Rumors of Progress

By EsqSocial Corporation 01/07/16

According to several news reports, the Commission has sent a revised draft of the Privacy Shield adequacy decision to the Article 31 Committee. One tech industry news source, Ars Technica, has made available a purportedly leaked draft of the version...

Breaking News: Federal Court Finds Delaware’s Unclaimed Property Enforcement “Shocks the Conscience”

By EsqSocial Corporation 01/07/16

On June 28, 2016, the much-anticipated memorandum opinion of the US District Court for the District of Delaware in Temple-Inland, Inc. v. Cook et al., No. 14-654-GMS was released on the parties’ cross-motions for summary judgment, finding Delaware’s...

Selecting a Neutral at Case Inception

By EsqSocial Corporation 01/07/16

Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise. Experienced litigators strive to provide the best representation for their clients while attempting to find ways to work cooperatively and...

Quirky Question #283: They Stole Our Stuff, Can We Sue?

By EsqSocial Corporation 01/07/16

Question: My company recently terminated an employee, and we are very worried she accessed her email inappropriately in the days before she was fired. The timing of it all is … well, quirky. Here’s what happened: The employee’s manager met with...

Nevada Adopts Cumis Counsel Requirement – Who’s Next?

By EsqSocial Corporation 01/07/16

In September 2015, the Nevada Supreme Court issued a decision in State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. Adv. Op. 74, which held that Nevada law requires an insurer to provide independent Cumis counsel when there is an actual conflict of...

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