News

Financial Services Law

By EsqSocial Corporation 28/03/14

D.C. Circuit Court Upholds Fed’s Debit Card Fee Cap, Antiexclusivity Rules - Dealing a blow to merchants nationwide, the D.C. Circuit Court of Appeals reversed a lower court and upheld the rules promulgated by the Board of Governors of the Federal...

Narrower of Possible Claim Constructions Prevails - Takeda Pharmaceutical Co. Ltd. v. Zydus Pharma USA, Inc.

By EsqSocial Corporation 28/03/14

Addressing, among other things, where the upper limit of a claimed range lies for claim construction, the U.S. Court of Appeals for the Federal Circuit overturned a district court ruling that a claimed range included a margin of error and that the...

FTC Check-Up on Health Care Trends Reveals New Competitive Wrinkles - Highlights from the FTC Workshop “Examining Health Care Competition”

By EsqSocial Corporation 28/03/14

The Federal Trade Commission (FTC or Commission) recently hosted a workshop exploring trends and innovation in the health care industry that may affect competition, marking at least 10 years since the antitrust agencies formally examined competition...

Pom Wonderful Brings Food Labeling Dispute To The U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling Barred By The Food, Drug, And Cosmetic Act?

By EsqSocial Corporation 28/03/14

A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January 10, 2014, the Supreme...

Is 2014 The Year For Immigration Reform?

By EsqSocial Corporation 28/03/14

Last year saw renewed efforts at a comprehensive immigration reform bill with the U.S. Senate’s bipartisan passage of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744), a bill that would allow a path to...

Update: Landmark Decision By Delaware's High Court Affirms Deferential Business Judgment Review For Controlling Stockholder Buyouts

By EsqSocial Corporation 28/03/14

Last summer, in our post titled Protecting Your Business Judgment: Recent Developments in Delaware Law on M&A Deals Involving Controlling Stockholders, we alerted you that two trial courts in the nation’s leading forum for disputes over corporate M&A...

SEC Brings Charges Against SEC Registered Investment Adviser for Improperly Allocating Expenses and Other Violations of the Investment Advisers Act of 1940 (the “Advisers Act”)

By EsqSocial Corporation 28/03/14

On February 25, 2014 the Securities and Exchange Commission (the “SEC”) filed public administrative and cease-and-desist proceedings against Arizona-based Clean Energy Capital, LLC (a registered investment adviser, “CEC”) and its founder and Chief...

Regulation Requiring Spaced-Out Digital Billboards Does Not Violate First Amendment

By EsqSocial Corporation 28/03/14

We've all seen it before: a person says something rude, which elicits a "watch your mouth" response, and the foul-mouth person replies, "Hey, I have a right to free speech!" Touché. A lesser-known use of the First Amendment is that its Free Speech...

Association TRENDS 2014 Legal Review

By EsqSocial Corporation 28/03/14

In this issue: - Top 5 Legal Issues of the Past Year - And the horse you rode in on Antitrust and membership restrictions - Employment and benefits developments: Same-sex couples - DOJ rules on association joint purchasing plans -...

EEOC Sues Panama Transfer, Inc. For Sexual Harassment and Retaliation

By EsqSocial Corporation 28/03/14

Trucking Company Fired Employee Who Opposed Sexual Remarks, Including Over Workplace Intercom, Federal Agency Charges - DES MOINES, Iowa - Panama Transfer, Inc., a multi-state trucking company headquartered in Panama, Iowa, violated federal law by...

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