News

Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

By EsqSocial Corporation 03/03/14

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging United Parcel Service,...

ESMA Q&A on Application of AIFMD

By EsqSocial Corporation 03/03/14

On February 17, the European Securities and Markets Authority (ESMA) published a questions and answers paper (Q&A) on the application of the Alternative Investment Fund Managers Directive (2011/61/EU) (AIFM Directive or AIFMD) (2014/ESMA/163)....

It’s a Matter of Trust: The Garlock Decision as an Impetus for Increased Transparency Legislation in the Asbestos Trust Arena

By EsqSocial Corporation 03/03/14

On January 10, 2014, a bankruptcy court judge considered the estimated asbestos liability for Garlock Sealing Technologies, LLC (Garlock), ultimately determining that liability to be $125 million, a fraction of its previously estimated liability. In...

Compliance Training And Corporate Culture

By EsqSocial Corporation 03/03/14

A compliance program built on a “check-the-box” approach is doomed because it isolates program elements that need to be integrated. Compliance is akin to holistic ideologies (yes, you can quote me on that one)....

Fisker bankruptcy update: Should secured creditors really be concerned?

By EsqSocial Corporation 03/03/14

The opinion by the Delaware bankruptcy court in In re Fisker Auto. Holdings, Inc., raised alarm bells for secured creditors throughout the country. Many worry that it will diminish the valuable right of secured creditors to credit bid, which is the...

Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy

By EsqSocial Corporation 03/03/14

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland, 2014 U.S. Dist. LEXIS 22631 (D. Md. Feb. 21, 2014), the United States District Court for the District of Maryland had occasion to consider whether...

EEOC Sues Memphis Light, Gas & Water for Age Discrimination

By EsqSocial Corporation 03/03/14

Municipal Utility Provider Refused to Promote Employee Because of Age, Federal Agency Charges - MEMPHIS, Tenn. - Memphis Light, Gas and Water (MLGW), a division of the City of Memphis, violated federal law when it refused to promote an employee...

Lessons for Marketers from the CFPB Attack on For-Profit Education

By EsqSocial Corporation 03/03/14

We have written recently about the stepped-up scrutiny that the Consumer Financial Protection Bureau (the CFPB) and the Federal Trade Commission (FTC) are placing on for-profit education and related marketing. The opening round of federal...

Constructively Quit Or Fired? — California Court Holds Employer Must Exhaust All Reasonable Alternatives

By EsqSocial Corporation 03/03/14

Kelley v. California Unemployment Ins. Appeals Board, B244098 (February 10, 2014): A California Court of Appeals recently upheld a trial court’s decision that an employee, who was fired for making what the employer considered unreasonable requests,...

Fisker Automotive: Narrow Decision Limiting Credit Bidding Rights Where The Scope And Validity Of Creditor’s Lien Was In Question

By EsqSocial Corporation 03/03/14

Section 363 of the Bankruptcy Code governs the sale of a debtor’s assets outside of the ordinary course of business. A debtor may use Section 363 to sell all, or substantially all, of its assets free and clear of any liens and encumbrances, with the...

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