News

Ohio Oil & Gas Lease Disputes

By EsqSocial Corporation 03/03/14

I. General Provisions – “Mineral Rights” - A. Under Ohio law, the term “mineral” generally includes oil and gas unless the language in the granting instruments suggests the parties intended otherwise. Kelly v. Ohio OilCo., 57 Ohio St. 317 (1897)....

Court Report - March 02, 2014

By EsqSocial Corporation 03/03/14

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Takeda Pharmaceuticals USA Inc. v. Watson Laboratories Inc. et al. 1:14-cv-00268; filed February 27, 2014 in the District Court of Delaware. •...

Risky Business: Target Discloses Data Breach and New Risk Factors in 8-K Filing… Kind Of

By EsqSocial Corporation 03/03/14

After Target Corporation’s (NYSE: TGT) net earnings dropped 46% in its fourth quarter compared to the same period last year, Target finally answered the 441 million dollar question – To 8-K, or not to 8-K? Target filed its much anticipated Current...

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...

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