News

Small Employer Coverage Under the Affordable Care Act

By EsqSocial Corporation 07/02/14

The Affordable Care Act (ACA) does not require small employers to offer health coverage to their employees. If coverage is offered, however, the coverage must meet ACA requirements. The only exception is for grandfathered plans. Grandfathered plans...

Cal. Appellate Court: Cal. State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims

By EsqSocial Corporation 07/02/14

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court...

Employee Theft of Employer Documents—Protected Conduct in Opposition to Discrimination or Criminal Activity?

By EsqSocial Corporation 07/02/14

From time to time, there is media coverage about a teacher or other public school employee who has been charged with a serious crime that occurred outside the school environment. If this employee had previous convictions or pending charges at the...

Business Litigation Report -- January 2014

By EsqSocial Corporation 07/02/14

In This Issue - Firm News: ..Quinn Emanuel Arbitration Practitioners Recognized in Global Arbitration Review’s “International Who’s Who of Commercial Arbitration” ..Quinn Emanuel Expands International White Collar Team with the Addition of Juan...

Warning: Illinois Courts Will Not Abide By Sales Tax Audit Results

By EsqSocial Corporation 07/02/14

In rulings in two of the more than 200 recent Illinois False Claims Act ("FCA") cases, the Circuit Court of Cook County (i) denied a motion by the retailer/defendant seeking a dismissal of the complaint and (ii) granted the Illinois Attorney...

Dirt-for-Debt Buries Creditor with Risk and Uncertainty

By EsqSocial Corporation 07/02/14

In order to confirm a chapter 11 plan of reorganization, a debtor must satisfy all the provisions of §1129(a) of the Bankruptcy Code, except for §1129(a)(8). Section (a)(8) requires that each class of creditors either (i) accepts the proposed plan or...

In NC and Virginia, Consumers Can Dispute Debts Verbally

By EsqSocial Corporation 07/02/14

If you routinely collect debts from consumers, you are probably familiar with the requirements of the federal Fair Debt Collections Act (FDCPA). Under this act, consumers who disputed a debt had thirty days after receiving a debt collection notice...

Reinsurance Redux - Winter 2014

By EsqSocial Corporation 07/02/14

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern District of New York granted...

What We Can Learn From Illinois' Kilbride Court

By EsqSocial Corporation 07/02/14

On Friday, Oct. 25, Chief Justice Thomas L. Kilbride ended a three-year term as chief justice of the Illinois Supreme Court, resuming his seat as an associate justice. The following Monday marked the installation of new Chief Justice Rita B. Garman,...

Married couple face first-degree murder charges in water-intoxication death of girl, 5

By EsqSocial Corporation 07/02/14

The father and stepmother of a 5-year-old Tennessee girl are facing first-degree murder charges over accusations that they caused her death by forcing her to consume an excessive amount of grape soda and water and failing to seek medical attention when she began to show signs of distress and inju

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