News

Commissioner Roche Has Resigned. What Now?

By EsqSocial Corporation 03/07/14

The announcement this week did not give Commissioner Roche’s reason for resigning, only that she was returning to private practice. We can speculate, but regardless of the reason, her leaving will be a great loss to the Commission and the system in...

Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

By EsqSocial Corporation 03/07/14

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent with the Florida Supreme...

Does Litigating Make Economic Sense?

By EsqSocial Corporation 03/07/14

One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying “No.”...

It is Not Tortious to Interfere if You Are Exercising a Legitimate Interest or Right

By EsqSocial Corporation 03/07/14

In many commercial disputes, one or more of the parties will assert a tortious interference claim against the other. While there are several variations of tortious interference claims (e.g., interference with existing contractual relations, with...

Reverse Churning

By EsqSocial Corporation 03/07/14

It is obvious that broker-dealers and their registered representatives, as well as investment advisors, must be careful in making recommendations to their clients. But the rise of claims related to inaction in a client account should also give...

Freddie Mac Updates MERS Requirements, Fraud Reporting, Other Selling And Servicing Policies

By EsqSocial Corporation 03/07/14

On June 19, Freddie Mac issued Bulletin 2014-12, which updates and revises numerous selling and servicing requirements. According to the Bulletin, Freddie Mac has determined that because sellers/servicers will have difficulty complying with the...

Proponents Refuse to Give Up on Immigration Reform

By EsqSocial Corporation 03/07/14

The push toward immigration reform over the past year has been a long and disappointing haul. What started as an optimistic “Gang of Eight” garnering bipartisan support has become an all-out bipartisan battle. At a press conference last week,...

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

By EsqSocial Corporation 03/07/14

In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled employees, dissatisfied...

Judge sanctions lawyer who claimed ‘rogue attorney’ appeared on his behalf

By EsqSocial Corporation 03/07/14

A New York lawyer who claimed a “rogue attorney” appeared on his behalf and settled a case has been sanctioned for his explanation.

Patent Litigation Fee-Shifting

By EsqSocial Corporation 03/07/14

In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc v. Allcare Health Management System, Inc., rulings. The statute at issue in both rulings was 35 U.S.C. § 285,...

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