News

Federal Circuit Clarifies Patent Term Adjustments

By EsqSocial Corporation 29/01/14

The Federal Circuit ruled last week that the Patent Office had incorrectly calculated the patent term adjustments for patents owned by Novartis and opened the door to longer patent terms....
By: Carlson Caspers

Second Circuit: Insider Trading Duty is Federal Common Law

By EsqSocial Corporation 29/01/14

The Second Circuit Court of Appeals concluded that an Exchange Act Section 10(b) claim for insider trading in a private damage action is based on federal law and applies to the purchase of shares of a delisted company by corporate insiders. In...

Be Prepared – HIPAA Audits are Coming in 2014

By EsqSocial Corporation 29/01/14

Later this year, the Department of Health and Human Services (“DHHS”) is expected to launch its permanent HIPAA Audit Program. The HIPAA Audit Program is authorized under Section 13411 of the HITECH Act, and is designed to test entities’ compliance...

International Arbitration Newsletter - January 2014

By EsqSocial Corporation 29/01/14

In This Issue: - Germany Designates Latham & Watkins International Arbitration Co-chair Sebastian Seelmann-Eggebert to ICSID Panel - Choice of Venue in International Arbitration: A Book to Guide Tactical Venue Decisions - EU Commission to...

The subsequent FAS notification requirement under the Competition Law has been abolished.

By EsqSocial Corporation 29/01/14

On 28 December 2013 the President signed Federal Law No. 423-FZ, amending Federal Law No. 135-FZ “On the Protection of Competition” dated 26 July 2006 (the “Competition Law”). The amendment will enter into force on 30 January 2014. The amendment...

Employee Fired for Sleeping on the Job Is Entitled To A Jury Trial Because Employer Should Have Considered Its ADA Obligations Before Terminating Employee

By EsqSocial Corporation 29/01/14

In Spurling v. C&M Fine Pack, Inc., the employee received three write-ups for performance and a final warning with a suspension for sleeping in the bathroom while working on the night shift. Subsequently, Spurling’s supervisor again found her asleep...

Case Alert: employer should make own decision on whether an employee is “disabled"

By EsqSocial Corporation 29/01/14

What happened? In Gallop v Newport City Council, the Court of Appeal decided that the employer should not have relied on an occupational health advisor’s unsupported statement that an employee was not disabled for the purposes of the Equality Act...

Compelling Individual Arbitration Violates National Labor Relations Act? It Does According to ALJ

By EsqSocial Corporation 29/01/14

Joining the ever growing list of opinions on the arbitrability of class claims, an NLRB Administrative Law Judge recently ruled that an arbitration agreement that did not expressly bar workers from bringing class or collective actions still violated...

Federal Judge Dismisses All Anti-Kickback Claims in Halifax Hospital Medical Center Case

By EsqSocial Corporation 29/01/14

On January 8, 2014, the U.S. district judge in the Halifax Hospital Medical Center (Hospital) case pending in the Middle District of Florida granted the Hospital's motion to dismiss all of the relator's anti-kickback law claims. This False Claims Act...

Amendments to the Company Law of the People's Republic of China

By EsqSocial Corporation 29/01/14

On Dec. 12, 2013, the sixth meeting of the Standing Committee of the 12th Session of the National People’s Congress amended 12 provisions of the Company Law of the People's Republic of China (the “Company Law”). These changes to the Company Law (the...

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