News

The Thing About Investment Committees

By EsqSocial Corporation 20/02/14

I joked in many of my writings and I believe in my new book, available on Kindle (cheap plug here), was that when my Managing Attorney at that semi prestigious law firm (sorry, Lois) wanted to quell a topic, she’d create a committee for it....

Delaware Court Allows Claims For Breach Of Implied Good Faith Covenant In Earn-Out Case

By EsqSocial Corporation 20/02/14

A recent Delaware Chancery Court opinion in American Capital Acquisition Partners, LLC, et. al. v. LPL Holdings, Inc., et.al. held that a seller’s claim that its buyer diverted opportunities from the acquired business to a different subsidiary of the...

New Wave of Prop 65 Notices Target Rice Industry

By EsqSocial Corporation 20/02/14

This week, Consumer Advocacy Group (CAG), a non-profit organization that files numerous Proposition 65 (Prop 65) lawsuits each year, issued notices of violation alleging that 15 companies violated California law by selling rice containing arsenic...

Ninth Circuit Holds Failure To Remove Fees From Withdrawn Foreclosure Violates SCRA

By EsqSocial Corporation 20/02/14

On February 7, the U.S. Court of Appeals for the Ninth Circuit held that the attempted collection of past due foreclosure-related fees from a borrower in active duty military service is a violation of section 533 of the Servicemembers Civil Relief...

Successful Strategies For Doing Business In Asia: Vietnam

By EsqSocial Corporation 20/02/14

1. What role does the government of Vietnam play in approving and regulating foreign direct investment? The Ministry of Planning and Investment (MPI) is the central administrative body that oversees all investment activities, including foreign...

Human Rights Damages on the Rise?

By EsqSocial Corporation 20/02/14

In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The monetary range of these...

Another Reminder That Inflexible Employment Policies and the ADA Don’t Play Well Together – Court Refuses to Dismiss EEOC Action Based on “100% Healed” Policy

By EsqSocial Corporation 20/02/14

One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the Americans with Disabilities Act (ADA). Such is the case...

Summary of FERC Meeting Agenda - February 2014

By EsqSocial Corporation 20/02/14

In This Issue: - Administrative Items - Electric Items - Gas Item - Hydro Items - Certificate Item - Excerpt from Electric Items: E-9: Allco Renewable Energy Limited v. Massachusetts: Electric Company, Docket No. EL12-12-000: On...

District Court Refuses to Vacate Sanctions Ruling for Spoliation after Settlement

By EsqSocial Corporation 20/02/14

Digital-Vending Services International, LLC ("Digital-Vending") filed a patent infringement action against The University of Phoenix, Inc. and Apollo Group, Inc. ("Defendants"). During the course of the litigation, the Magistrate Judge granted...

SEC Charges Securities Law Recidivist In Fraudulent Trading Scheme

By EsqSocial Corporation 20/02/14

The Commission filed another action against a securities law recidivist, this time centered on a fraudulent trading and investment program. SEC v. Lee, Civil Action No. 14CV0347 (S.D. Cal. Filed Feb. 13, 2014). James Lee is an unregistered...

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