News

Sixth Circuit Rules in Favor of Songwriter’s Heirs in Copyright Termination Decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al.

By EsqSocial Corporation 31/05/16

In its May 16, 2016 decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al., the Sixth Circuit expressed skepticism of the Second Circuit’s and Ninth Circuit’s interpretation of the 304(c) termination provisions of the Copyright Act,...

5th Circuit Vacates Verdict for ExxonMobil in CAA Citizen Suit: Still Not Much of a Win for the Plaintiffs

By EsqSocial Corporation 31/05/16

Last Friday, the 5th Circuit Court of Appeals vacated a District Court decision which had refused to impose penalties on ExxonMobil for various violations of the Clean Air Act at ExxonMobil’s Baytown refinery. While the trade press has focused on...

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

By EsqSocial Corporation 31/05/16

I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked about a “past-through-plus”...

What is the Seventh Amendment to the U.S. Constitution?

By EsqSocial Corporation 31/05/16

The Seventh Amendment to the U. S. Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined...

More Egregious Aggregation Under ERISA in the Sun Capital Partners Case? The District Court Goes Down Yet Another Road

By EsqSocial Corporation 31/05/16

The recent opinion by the U.S. District Court for the District of Massachusetts on remand from the U.S. Court of Appeals for the First Circuit in the Sun Capital Partners case may be troubling to private equity funds and other investment funds that...

Cooling hot political buttons

By EsqSocial Corporation 31/05/16

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation by our superiors or...

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination Claims

By EsqSocial Corporation 31/05/16

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to allow her to relocate to...

CDT and Fitbit report on wearable health tracker devices

By EsqSocial Corporation 31/05/16

Recently, the Center for Democracy & Technology (CDT), through the cooperation of Fitbit, Inc. (Fitbit), released new guidance about wearable health tracker devices called “Toward Privacy Aware Research and Development in Wearable Health.”...

US Commodity Futures Trading Commission Issues Final Cross-Border Margin Rule

By EsqSocial Corporation 31/05/16

The US Commodity Futures Trading Commission issued a rule implementing a cross-border approach to the CFTC’s margin requirements for uncleared swaps. The CFTC’s margin rule applies to CFTC-registered swap dealers and major swap participants for which...

Your daily dose of financial news The Brief – 5.31.16

By EsqSocial Corporation 31/05/16

A lawsuit over an alleged Ponzi scheme involving a fund pushed by MetLife agents is raising hard questions for the insurance giant over the reaches of corporate liability......
By: Robins Kaplan LLP

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