News

New Declarations with a Sur-reply Require Extraordinary Circumstances

By EsqSocial Corporation 23/12/24

In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary circumstances necessary for such a filing. See Omega Liner Company, Inc. v.

Maybe The Third Time Is The Charm After All.

By EsqSocial Corporation 23/12/24

Nokia of America Corp. v. Alexander Soto and Walter Soto, IPR2023-00680, IPR2023-00681, IPR2023-00682 (P.T.A.B. Dec.

Tick-Tock: CMS Overpayment Refund Final Rule and Practical Implications

By EsqSocial Corporation 23/12/24

The Centers for Medicare & Medicaid Services issued its long-anticipated final rule clarifying the 60-day overpayment refund obligation (the 60-Day Rule) first established in a 2016 regulation for Medicare Part A and B providers and suppliers arising from the Affordable Care Act.

Transamerica launches PEP with DWC

By EsqSocial Corporation 23/12/24

Transamerica announced the launch of DWC 401(k) Pooled Plan Solutions, featuring the expertise of DWC – The 401(k) Experts, Transamerica, and Leavitt Retirement Partners serving as the 3(38) fiduciary....

Nasdaq proposes to modify initial listing requirements for liquidity

By EsqSocial Corporation 23/12/24

Nasdaq is proposing a rule change to modify the initial listing requirements related to liquidity.

Federal judge in Washington applies per se treatment for algorithmic price-fixing claims

By EsqSocial Corporation 23/12/24

In an update to our prior report on the evolving antitrust landscape for algorithmic pricing, a federal judge in Washington recently denied a motion to dismiss claims that a group of multifamily rental property managers violated federal antitrust law by sharing commercially sensitive information

EPA Releases Final Rules for TCE and PCE Under the Toxic Substances Control Act

By EsqSocial Corporation 23/12/24

The U.S.

An End-of-Year Review of TTB Tax Audits and Enforcement

By EsqSocial Corporation 23/12/24

We have updated and republished this March 2024 blog post for a year-end summary.

Hawk Thua – Sue that Thing! When Will Celebrities Learn the Risks of Launching Crypto Tokens?

By EsqSocial Corporation 23/12/24

Yet another “celebrity” token memecoin project seeking to leverage a “cultural movement” has become the subject of a lawsuit alleging that the tokens were unregistered securities.

Federal Court Dismisses Action for Lack of Personal Jurisdiction Due to Insufficient Agency Relationship

By EsqSocial Corporation 23/12/24

A recent decision from the U.S. District Court for the Southern District of Indiana demonstrates how a defendant may successfully challenge personal jurisdiction when the facts fail to show vicarious liability through a principal-agent relationship....

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