News

What Are “Navigable Waters”?

By EsqSocial Corporation 24/07/14

According to this 11th Circuit case, “a waterway is navigable for admiralty jurisdiction purposes if, in its present state, it is capable of supporting commercial activity.”...
By: Trenam Kemker

Status Updates - July 2014 #10

By EsqSocial Corporation 24/07/14

..An Illinois woman was arrested on July 11 and charged with theft after she allegedly stole a dress from a boutique in West Frankfort, Illinois, then posted a selfie wearing the dress on her Facebook page. Police Chief Shawn Talluto noted, “[W]hen...

Honing in on the new rules for the transfer of personal data outside of the EEA

By EsqSocial Corporation 24/07/14

Although no major legislative milestones for the EU Data Protection Regulation have occurred since March 2014 (see status update here), there has been some progress over the late spring and early summer of 2014. One key item that will be of interest...

OCC Report Lists Key Risks For Review In Upcoming Examinations

By EsqSocial Corporation 24/07/14

Highlighting the operational, strategic, and compliance risks confronting financial institutions, the Office of the Comptroller of the Currency (OCC) published its “Semiannual Risk Perspective” report in late June based on 2013 year-end data. Banks...

Fourth Circuit Affirms Liability for Selenium Discharges - Rejects Permit Shield Defense

By EsqSocial Corporation 24/07/14

By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”) could be sued under the...

S Corporations: The Basics

By EsqSocial Corporation 24/07/14

An S Corporation is the same as any other corporation except for the manner in which it is taxed. S Corporations generally do not pay federal income tax but pass the tax liability for their profits through to their stockholders. Consequently,...

'Duck Dynasty' Camo Shirts Get A&E Sued for Alleged Infringement

By EsqSocial Corporation 24/07/14

Did A&E make a bad call with its "Duck Dynasty" novelty shirts? A federal lawsuit, filed Tuesday, asserts the cable TV network is running afoul of the law by infringing on another company's registered trademark.

Am I Allowed to Go on Vacation While in a Chapter 13 Bankruptcy?

By EsqSocial Corporation 24/07/14

I don’t ever sugar coat the realities of a chapter 13 bankruptcy. When you sign up for a chapter 13 you are in it for the long haul. Most chapter 13 bankruptcies I deal with last 60 months. Some are as low as 36 months, but most are 60....

HHS Relabels Invalidated 340b Regulation As “Interpretative Rule”

By EsqSocial Corporation 24/07/14

Earlier this week HHS came out swinging in the latest round of its battle with the Pharmaceutical Research & Manufacturers of America (PhRMA) over the Affordable Care Act’s provisions on 340B and orphan drugs. HHS reasserted its long-held position...

EEOC Issues New Guidance on Pregnancy Discrimination

By EsqSocial Corporation 24/07/14

On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on Pregnancy Discrimination and Related Issues. The purpose of the Enforcement Guidance is to explain the EEOC’s current interpretations of...

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