News

Crowdsourcing – Lawyers Quickly Embracing the Idea

By EsqSocial Corporation 10/06/14

The statement “all the cool kids are doing it” is usually signals a fad. However, in the case of crowdsourcing, the idea is no longer a trend and quickly becoming a staple of the Internet. While most think of crowdsourcing as start-ups looking for...

The SEC And A Dark Pool That Is Not Dark Enough

By EsqSocial Corporation 10/06/14

High speed trading, dark pools and similar market structure issues have become hotly debated topics. Former CFTC Commissioner Bart Chilton gave several speeches discussion the subjects and proposed that high speed traders be required to register. SEC...

North Carolina Legislative Report

By EsqSocial Corporation 10/06/14

The General Assembly’s Short Session began Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly to keep you up to date on the latest legislative issues facing the state....

Class Action Trial Preparation Overview: Formalities and Special Issues

By EsqSocial Corporation 10/06/14

As discussed in earlier posts, trying class actions shares nearly all the same issues, tasks, and risks as other complex trials, but with heightened complexity and risk. Courts, in an effort to efficiently try classwide claims, which functionally,...

OIG's Proposed Rule to Expand Civil Monetary Penalties

By EsqSocial Corporation 10/06/14

The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) on May 12, 2014 published a proposed rule (Proposed Rule) that would implement the OIG’s expanded authority under the Affordable Care Act (ACA) to impose Civil...

ABA and DOJ seek retroactive application of new federal drug-sentencing guidelines

By EsqSocial Corporation 10/06/14

The Department of Justice on Tuesday formally announced that it would support a plan to reduce sentences for drug offenders who have not been involved in violent crimes.

Indiana Federal Court Reconsiders Prior Ruling and Dismisses Untimely Claims for Injunctive Relief Under the Clean Air Act

By EsqSocial Corporation 10/06/14

In United States v. United States Steel Corp., __F.Supp.2d__, 2014 WL 1577837 (N.D. Ind. Apr. 18, 2014), an Indiana district court judge granted the defendant’s motion for reconsideration, candidly admitted he was wrong the first time, and held that...

Patent Law Alert: U.S. Supreme Court Makes It Easier to Knock out Vague Patents

By EsqSocial Corporation 10/06/14

Recently, the U.S. Supreme Court clarified the standard by which companies may seek to invalidate a patent for being overly vague, reversing a decision of the Federal Circuit regarding the definiteness standard of Section 112 of the Patent Act....

Federal Officer Jurisdiction Is Alive and Well: Ninth Circuit Affirms Jurisdiction for Navy Equipment Manufacturer

By EsqSocial Corporation 10/06/14

The Ninth Circuit Court of Appeals' recent opinion in Leite v. Crane Co., 2014 WL 1646924 (9th Cir. April 25, 2014), affirmed a decision by the Hawaii Federal District Court denying a motion to remand after finding that a Navy equipment manufacturer...

Second Circuit Applies “Morrison” to Reject “Listing Theory”

By EsqSocial Corporation 10/06/14

On May 5, 2014, the U.S. Court of Appeals for the Second Circuit decided City of Pontiac v. UBS AG, affirming the dismissal of a securities fraud complaint against UBS and holding that the Supreme Court's decision in Morrison v. National Australia...

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