News

Williams v. Black Entertainment Television, Inc. - USDC E.D. New York, February 14, 2014

By EsqSocial Corporation 21/02/14

Pro se plaintiff Charles Williams brought an action for copyright infringement against defendants Viacom, Inc.; Black Entertainment Television LLC s/h/a BET Networks; A&E Television Networks, LLC; Apple, Inc.; Netflix, Inc.; Amazon Corporate; and A....

IRS Lacks Authority to Issue and Enforce Tax Return Preparer Regulations

By EsqSocial Corporation 21/02/14

On February 11, 2014, the U.S. Court of Appeals for the District of Columbia upheld the decision of the District Court for the District of Columbia, affirming that the Internal Revenue Service (IRS) lacked the authority to issue and enforce tax...

The White House Releases Update on "Protecting American Inventors and Innovators"

By EsqSocial Corporation 21/02/14

Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as the Patent Assertion and...

Judicial Notice of FDA Website Documents Can Be a Powerful Lever in a Medical Device Manufacturer’s Motion to Dismiss

By EsqSocial Corporation 21/02/14

A motion to dismiss can be a powerful tool in the hands of medical device companies to eliminate cases that should be dismissed from the outset on preemption grounds, before engaging in costly discovery. Oftentimes, however, sufficient information...

Distracted Driving in California

By EsqSocial Corporation 21/02/14

Another distracted driver automobile accident occurred recently in Santa Cruz, California. The cause of the accident was not texting or talking on the cell phone. Instead, the driver was distracted by looking at his radio. He did not notice the cars...

Commercial Division Enforces Forum-Selection Bylaw

By EsqSocial Corporation 21/02/14

Delaware courts have recently approved of corporate forum-selection bylaws, in which corporations select a single, exclusive forum — typically, the Delaware Chancery Court — for suits, including shareholder derivative suits, related to the company's...

A Guide to FDA Postmarketing Submission Requirements and Reporting Interactive Promotional Media

By EsqSocial Corporation 21/02/14

As part of existing FDA postmarketing reporting requirements, manufacturers, packers, and distributors that are FDA applicants or that act on behalf of FDA applicants (for simplicity, “Applicants”) are required to submit all promotional labeling and...

Hearsay Statements Increase an Employer’s Risk in California

By EsqSocial Corporation 21/02/14

In reversing summary judgment for an employer in an age discrimination case, the California Court of Appeal extended the statement against interest exception to the hearsay rule set forth in California Evidence Code section 1230. The case is Cheal...

Complaint from BBB Triggers HarperCollins COPPA-Compliance Measures

By EsqSocial Corporation 21/02/14

The Children’s Advertising Review Unit (CARU) announced that it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect...

Governor Signs Bill Aiming To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

By EsqSocial Corporation 21/02/14

In the November 2013 issue of the New Jersey eAuthority, we reported on a bill (S2996) seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency....

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