News

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...

Fish And Wildlife Service Considers Increased Regulation Of Oil And Gas In Refuges

By EsqSocial Corporation 03/03/14

The U.S. Fish and Wildlife Service announced on February 24 that it will be developing proposed regulations to adopt a significantly more stringent approach to the management of oil and gas activities associated with any private, state, or tribally...

Employees May Affirmatively Decline To Use FMLA Leave - When Requesting Leave for An FMLA-Covered Reason, According to the Ninth Circuit Court of Appeals

By EsqSocial Corporation 03/03/14

In a decision filed on February 25, 2014, the United States Court of Appeals for the Ninth Circuit ruled that employees may affirmatively decline to use leave under the Family and Medical Leave Act (FMLA), even if the underlying reason for seeking...

Petition for Certiorari Filed Regarding Preclusive Effect of Likelihood of Confusion Findings by the Trademark Trial and Appeal Board; Supreme Court Invites Solicitor General to Submit Views

By EsqSocial Corporation 03/03/14

In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether they are content having...

State Senator May Support Bill On Police Custody Deaths

By EsqSocial Corporation 03/03/14

As previously reported here, the Wisconsin State Assembly has passed a bill that would end the practice where law enforcement agencies investigate themselves after a death in police custody. Under the bill, a team of at least two investigators from...

Loaded gun makes it past courthouse screener

By EsqSocial Corporation 03/03/14

No one, fortunately, was hurt. But a loaded semiautomatic handgun got past a security screener last month at an Ohio courthouse, resulting in ongoing repercussions.

California Appellate Court Finds Employer Has No Duty to Future Child for Parent-Employee’s Preconception Exposure to Toxins

By EsqSocial Corporation 03/03/14

The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all types of prenatal injuries,...

China Conditionally Approves Thermo Fisher/Life Technologies Merger: MOFCOM Continues to March to Its Own Drumbeat

By EsqSocial Corporation 03/03/14

The January 2014 conditional clearance decision by the Chinese competition authorities regarding the acquisition by Thermo Fisher Scientific Inc. (“Thermo Fisher”) of Life Technologies Corporation illustrates some of the key features of the Chinese...

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