News

Stacking the Deck: SEC’s Use of Administrative Proceedings

By EsqSocial Corporation 30/07/14

The SEC has a real perception problem. They cannot win in court. Whether this is fair or not, the SEC needs to move beyond this fear of losing since it only undermines the integrity of its enforcement program....

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood Protection Authority - East v. Tennessee Gas Pipeline Co., LLC et al.

By EsqSocial Corporation 30/07/14

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state court....

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

By EsqSocial Corporation 30/07/14

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent...

CFPB, State AGs Weigh In On TILA Rescission

By EsqSocial Corporation 30/07/14

This week, the CFPB and 25 states filed amicus briefs in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684, a case pending before the U.S. Supreme Court that may resolve a circuit split over whether a borrower seeking to rescind a loan...

Multistate Tax Commission Targets Summer 2015 Implementation of Transfer Pricing Effort

By EsqSocial Corporation 30/07/14

On July 28, the Arm’s Length Adjustment Services Advisory Group (Group) of the Multistate Tax Commission (MTC) met for the third time at the MTC Annual Conference in Albuquerque, New Mexico. The Group began this effort on June 2 and met again on June...

It’s Time to Revisit Commission Pay for California Employees: Commissions Earned Must be Paid Twice Per Month and the Commissioned Sales Exemption Gets Harder to Meet

By EsqSocial Corporation 30/07/14

You may have just started breathing easier after rolling out written commission agreements to comply with California Labor Code section 2751. However, a recent unanimous California Supreme Court decision has heads turning and tongues wagging once...

Jury Convicts Investment Adviser on Multiple Counts of Fraud

By EsqSocial Corporation 30/07/14

James Tagliaferri, the former President of TAG Virgin Islands, a registered investment adviser, was found guilty by a jury of one count of investment adviser fraud, six counts of violating the Travel Act, one count of securities fraud and four counts...

Infrastructure Alert - July 2014

By EsqSocial Corporation 30/07/14

The Senate begins debate today on a bill to prevent the insolvency of the Highway Trust Fund. The bill, already passed by the House and supported by the White House, provides the best chance for Congress to prevent the projected insolvency given the...

Law that would close Mississippi’s only abortion clinic is enjoined by 5th Circuit

By EsqSocial Corporation 30/07/14

A federal appeals court has enjoined a Mississippi law requiring hospital-admission privileges for abortion-clinic doctors because it would have closed the state’s only abortion clinic. The New Orleans-based 5th U.S.

EPA Is Holding Flare Users’ Feet To The Fire

By EsqSocial Corporation 30/07/14

The U.S. Environmental Protection Agency has warned industry using flaring for pollution control that it is targeting flaring violations nationwide to reduce the release of hazardous air pollutants. Originally published on Law360.com on July 29,...

Pages