News

Reporting Obligations under EMIR

By EsqSocial Corporation 02/12/13

The European Markets Infrastructure Regulation (the Regulation on OTC derivatives, central counterparties and trade repositories) ("EMIR") entered into force on 16 August 2012, although many of its requirements have not yet taken effect because they...

New York Attorney General Announces Settlement with Debt Collector of Payday Loans

By EsqSocial Corporation 02/12/13

A settlement with the operator of five Buffalo-area debt collection companies announced on November 21, 2013, by New York Attorney General Eric T. Schneiderman marks the latest chapter in the Attorney General's targeting of collectors of payday...

Supreme Court to Resolve Circuit Split in Health Care Reform Cases

By EsqSocial Corporation 02/12/13

The Supreme Court will review two of the numerous lawsuits challenging the Affordable Care Act’s (ACA) requirement that group health plans and insurers cover, without cost-sharing, contraceptives and/or abortifacients (the “Contraceptive Mandate”)....

OCC and FDIC Follow Through on Threat To Kill Deposit Advance Loans

By EsqSocial Corporation 02/12/13

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) have carried out their threats in their proposed guidance to kill deposit advance loans. On November 21, 2013, the two agencies issued final...

Something Borrowed, Something New, But IIGF Still Can’t Collect From Borrowing Employer’s Workers’ Comp Carrier

By EsqSocial Corporation 02/12/13

In Illinois Ins. Guaranty Fund v. Liberty Mutual Ins. Co., 2013 IL App (1st) 123345 (Nov. 12, 2013) the Illinois First District appellate court held that a borrowing employer’s workers’ compensation carrier is not required to reimburse the Illinois...

CFPB Releases Final Mortgage Disclosure Rule and Forms

By EsqSocial Corporation 02/12/13

The Consumer Financial Protection Bureau (CFPB) recently released the final rule combining the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) mortgage disclosure rules and forms....

The constructive general inter vivos power of appointment: A trap for the unwary trustee and his counsel

By EsqSocial Corporation 02/12/13

The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A Trustee’s Handbook (2013), at...

Best Drug Crime Defenses

By EsqSocial Corporation 02/12/13

The U.S. Constitution put in place certain protections to prevent the government from trampling the rights of individuals during the arrest process and throughout court proceedings. It’s important that individuals charged with crimes are aware of...

Court Report -- December 01, 2013

By EsqSocial Corporation 02/12/13

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Roxane Laboratories, Inc. 2:13-cv-07184; filed November 27, 2013 in the District Court of New Jersey. •...

IRS Modifies Health Flexible Spending Account "Use It or Lose It" Rule: $500 Carryover Now Permitted

By EsqSocial Corporation 02/12/13

Employees generally may not use contributions made to a health flexible spending account ("health FSA") in one plan year to purchase a benefit that will be provided in a subsequent plan year. This "use it or lose it" rule results in the forfeiture of...

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