News

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

By EsqSocial Corporation 04/03/14

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable cause to believe the...

Update on Social Media Legislation in Maine

By EsqSocial Corporation 04/03/14

Updating my previous post on this topic, the Judiciary Committee today reported L.D. 1194, An Act to Protect Social Media Privacy in School and the Workplace out of Committee with a recommendation that the bill be passed as amended. The Judiciary...

Business Litigation Alert: "Don’t Ignore the Forum-Selection Clause "

By EsqSocial Corporation 04/03/14

Ensuring Litigation Occurs Where You Want It - Companies often include a forum-selection clause in their written agreements to determine where any litigation proceedings will occur. Just as often, however, companies pay little or no attention to...

Final Federal Reserve Rules for Foreign Banking Organizations

By EsqSocial Corporation 04/03/14

This Alert describes the final regulations issued by the Federal Reserve Board (the “FRB”) on February 18, 2014, that radically modify the former requirements applicable to foreign banking organizations (“FBOs”) pursuant to the FRB’s Regulation K....

Back From The Dead? Senator Wants To Resuscitate Legislation To Create A Federal Right Of Action For Trade Secret Theft

By EsqSocial Corporation 04/03/14

There are stirrings in the U.S. Senate of yet another bid to establish a federal right of civil action for trade secret misappropriation. Sen. Chris Coons (D-Del.) has quietly circulated a draft bill to IP lawyers and others with an interest in...

Roommate Romance: Why You Should Have A Cohabitation Agreement

By EsqSocial Corporation 04/03/14

So you’ve been dating for a while and you’re ready to take the next step…no, not the BIG PLUNGE. Marriage is DEFINITELY on your mind but first you want to take the relationship on a test run by living together. Well, you’re not alone—according to a...

U.S. Fish And Wildlife Service Proposes Delisting Two Death Valley Plant Species

By EsqSocial Corporation 04/03/14

The U.S. Fish and Wildlife Service (Service) recently issued a proposed rule to remove Eureka Valley evening-primrose (Oenothera avita ssp. eurekensis) and Eureka dune grass (Swallenia alexandrae) from the federal list of endangered species. The...

Kazakhstan Amends Public Procurement Rules

By EsqSocial Corporation 04/03/14

New rules may affect business activities conducted with state entities. On 18 January, the president of the Republic of Kazakhstan signed the law “On amendments to some legislative acts of the Republic of Kazakhstan on public procurement” (the...

Concepcion and Amex Head South: In North Carolina Your Class Arbitration Waiver May Now Be Enforced Despite the State’s 2008 Tillman Case

By EsqSocial Corporation 04/03/14

The North Carolina Court of Appeals recently declared the enforceability of class arbitration waivers despite the North Carolina Supreme Court’s previous decision in Tillman v. Commercial Credit Loans, Inc., 362 N.C. 93, 655 S.E.2d 362 (2008), which...

Making a Business Apology: 3 Legal Tips

By EsqSocial Corporation 04/03/14

As any business owner knows, mistakes happen and lessons are learned. But when is it appropriate to make a business apology? Small business owners are often confounded by when an apology makes sense and how to go about making one.

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