News

Poor Timing Alone Doesn't Equal Retaliation

By EsqSocial Corporation 12/11/13

In a recent lawsuit under Title VII of the Civil Rights Act of 1964, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Missouri employers) upheld the trial court’s decision that a hospital didn’t discriminate against one of its...

Patent Protection in the U.S. and Abroad

By EsqSocial Corporation 12/11/13

With increasing globalization, it is important to consider patent protection outside of the United States. In the United States, utility patents provide protection on inventions for a new and useful process, machine, manufacture, or composition of...

Sentence Enhancements: Who Should Decide?

By EsqSocial Corporation 12/11/13

Elements of a crime that trigger sentence enhancements — such as use of a firearm or endangering the public — are findings of fact that could affect the maximum sentence a person could receive if convicted. Many criminal defendants have questioned...

Ex-client can bring her new lawyer to legal ethics hearing for her old lawyer, top state court says

By EsqSocial Corporation 12/11/13

A woman who accused an Iowa lawyer of sexual misconduct while he was representing her and her husband has a limited right to legal representation at a legal ethics hearing for her former counsel, the state's top court has ruled.

A Diamond May Be Forever, But What Happens to it When There is a Divorce?

By EsqSocial Corporation 12/11/13

On October 21, 2013 news spread around the Bay Area when Kanye West rented out AT&T Park and proposed to girlfriend, Kim Kardashian, with a 15-carat sparkler. The ring was a flawless emerald cut diamond designed by Lorraine Schwartz, with an...

CMPA’s The Branded Entertainment Landscape

By EsqSocial Corporation 12/11/13

The Canadian Media Production Association (CMPA) recently published the first in a series of white papers dedicated to branded entertainment in Canada. The first white paper, released at Merging Media in Vancouver on November 6-7, 2013 focused on...

“Half-Hearted And Insensitive” Response To Sexual Harassment Complaint, Flawed Investigation, Results In $25,000 Damage Award

By EsqSocial Corporation 12/11/13

A recent case illustrates the importance of conducting a careful, sensitive investigation of sexual harassment complaints. An employer’s “unpardonable” response to a sexual harassment complaint has resulted in an arbitrator’s rebuke and $25,000.00...

SEC Charges Manager Of Private Equity Fund With Violation Of The Custody Rule

By EsqSocial Corporation 12/11/13

The SEC has settled an administrative action with the managing member of a fund of private equity funds. In an examination the SEC staff learned that the manager was violating the custody rule (Rule 206(4)-2 under the Investment Advisers Act)...

Can You Use Pre-Suit Discovery To Unmask An Anonymous Blogger In Texas?

By EsqSocial Corporation 12/11/13

Last week, the Supreme Court of Texas heard oral arguments on whether a party can use a pre-suit deposition to identify an anonymous blogger. The petitioner tried to use a pre-suit subpoena to force Google to identify a blogger that constantly...

CFPB Considers New Debt Collection Rules

By EsqSocial Corporation 12/11/13

On November 6, the CFPB announced an advance notice of proposed rulemaking (ANPR) to solicit input on a wide array of issues related to consumer protection in the debt collection market. With the release of the ANPR, the CFPB also announced the...

Pages