News

Panel Holds Agencies Can Deny Rulemaking Petitions Based On Timing And Budget

By EsqSocial Corporation 19/05/14

This week, a unanimous three-judge panel of the D.C. Circuit held that the EPA reasonably denied a petition to initiate rulemaking that would have considered whether to include coal mines on the list of stationary air pollutant sources regulated...

Investigating Misconduct – Don’t Derail the Process: Know When to Hire an External Investigator

By EsqSocial Corporation 19/05/14

Your company has received a complaint involving employee misconduct, or misconduct by a third party who has contracted with the company or is on the premises. By law, the complaint requires an investigation. What steps are you going to take to...

Clapper Again Stymies Data Breach Class Action

By EsqSocial Corporation 19/05/14

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury sufficient to confer standing. In...

AIA Trials By Fire: How to Protect Your Patent Portfolio against PTAB "Death Squads"

By EsqSocial Corporation 19/05/14

Under the America Invents Act (AIA), patent challengers now have three new kinds of post-grant review with which to attack a patent's validity: inter partes review (IPR), post-grant review (PGR), and covered business method review (CBM review). These...

Stock Photo Agency Need Not List All Photographs in Its Compilation

By EsqSocial Corporation 19/05/14

Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co. - Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the valid owner of the copyright to a...

An Introduction to Non-Profit Incorporated Organisations in the DIFC

By EsqSocial Corporation 19/05/14

While the Dubai International Financial Centre (the DIFC) remains primarily focused on the financial services industry, its stable and sophisticated legal and regulatory regimes have increasingly attracted organisations in the culture and arts,...

New York Plans Targeted Bank Cybersecurity Examinations

By EsqSocial Corporation 19/05/14

On May 6, New York Governor Andrew Cuomo released a report on bank cybersecurity preparedness and directed the New York State Department of Financial Services (DFS) to conduct targeted cybersecurity preparedness assessments of the DFS-regulated...

Charter School Bill Passes House

By EsqSocial Corporation 19/05/14

Last week, the House of Representatives passed, in a 360-45 vote, legislation that would reauthorize charter schools. The measure, the Success and Opportunity through Quality Charter School Act (HR10), would authorize $300 million per year for fiscal...

SEC Warns Private Equity Fund Advisers about Compliance Shortcomings

By EsqSocial Corporation 19/05/14

Andrew J. Bowden, Director of the Securities and Exchange Commission's Office of Compliance Inspections and Examinations (OCIE) delivered remarks at last week's Private Equity International (PEI) 2014 Compliance Forum that all private equity fund...

FDA Draws Criticism With Proposed FSMA Animal Feed Rule And Breweries

By EsqSocial Corporation 19/05/14

FDA's chief food safety inspector, Michael Taylor, recently stated that the agency has "no intention" of preventing breweries from giving spent beer grains to farmers for cattle feed. The FDA's proposed rule would have required breweries to dry,...

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