News

New SAFE Rules Facilitate Registration for Overseas Financing and Investment by Chinese Domestic Residents

By EsqSocial Corporation 23/07/14

The Chinese foreign exchange control authority recently adopted material changes to the regulatory framework on overseas financing and investment via special purpose vehicles undertaken by Chinese domestic residents and the corresponding round-trip...

Supreme Court Adopts Broad Interpretation Of Bank Fraud

By EsqSocial Corporation 23/07/14

Choosing to adopt a broad view of what constitutes bank fraud under the federal bank fraud statutes, the U.S. Supreme Court held that to constitute a violation of the statute, no proof of intent to defraud the particular financial institution is...

SEC Staff Legal Bulletin Addresses Use of Proxy Advisory Firms by Advisers and Reliance by Proxy Advisory Firms on Proxy Rules Exemptions

By EsqSocial Corporation 23/07/14

The SEC’s Divisions of Investment Management and Corporation Finance issued Staff Legal Bulletin No. 20 (the “Guidance”) which provides guidance from the Division of Investment Management to investment advisers on their responsibilities in voting...

Iran Nuclear Talks: Extension of Joint Plan of Action

By EsqSocial Corporation 23/07/14

On Friday, July 18, 2014, U.S. Secretary of State John Kerry issued a statement that the Joint Plan of Action (JPOA) negotiated between the P5+1 nations1 and Iran would be extended until November 24, 2014. As we reported previously, the JPOA was an...

Trial Court's Calculation of Lodestar Is Affirmed

By EsqSocial Corporation 23/07/14

In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not have awarded attorney fees...

Flash in the Panama

By EsqSocial Corporation 23/07/14

Many of you may have heard recently that (in)famous dictator and all-around terrible (misunderstood?) person Manuel Noriega has sued Activision......
By: Winthrop & Weinstine, P.A.

Six Considerations for Rent Arbitration Clauses in Commercial Leases

By EsqSocial Corporation 23/07/14

When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the new rental rate, but if...

Injured in a Car Accident When Your Friend Was Driving?

By EsqSocial Corporation 23/07/14

Personal injuries, especially those suffered in auto accidents, can expensive, debilitating, and life changing. Remember the McDonald's hot coffee case? The 79-year old victim suffered painful third-degree burns, required numerous skin grafts on her...

Facebook/Oculus VR Acquisition Raises Pseudo-Foreign Corporation Question

By EsqSocial Corporation 23/07/14

Yesterday, The Guardian reported that Facebook had acquired Oculus VR using a combination of cash and stock. Facebook avoided SEC registration by availing itself of a fairness hearing before the Department of Business Oversight. Readers may recall,...

Options for Obtaining Regulatory Guidance and/or Approval Related to the Export of Crude Oil and Petroleum Products

By EsqSocial Corporation 23/07/14

As previously reported on Speaking Energy (available here), the U.S. Department of Commerce, Bureau of Industry and Security (BIS) has recently indicated that it is willing to work with U.S. energy companies to navigate restrictions on the export of...

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