News

Third Circuit Denies Rehearing Of Class Certification Denial In Class Ascertainability Case

By EsqSocial Corporation 19/05/14

On May 2, the U.S. Court of Appeals for the Third Circuit denied a petition for rehearing en banc in Carrera v. Bayer, 727 F.3d 300 (3d Cir. 2013), a closely-watched case on class ascertainability....
By: BuckleySandler LLP

Deadline Looms For Conflict Mineral Disclosure Requirements: Update For Suppliers Of Reporting Companies

By EsqSocial Corporation 19/05/14

Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") addressed concerns that proceeds from the trade and exploitation of certain minerals originating in several central African countries were helping to...

New York Court Holds Underlying Claims Not Interrelated

By EsqSocial Corporation 19/05/14

In its recent decision in Glascoff v. OneBeacon Midwest Ins. Co., 2014 U.S. Dist. LEXIS 64858 (S.D.N.Y. May 8, 2014), the United States District Court for the Southern District of New York had occasion to consider the concept of interrelated wrongful...

Pennsylvania Superior Court Confirms that Valuable Consideration Required for Non-Compete Agreement Entered Into After Commencement of Employment: Slams Door on Legal Substitute For Consideration

By EsqSocial Corporation 19/05/14

Through its decision in Socko v. Mid-Atlantic Systems of CPA, Inc., No. 1223, 2014 WL 1898584 (Pa. Super. Ct. May 13, 2014), the Pennsylvania Superior Court has confirmed that a restrictive covenant entered into after the commencement of employment...

Separate Financial Statements and the SEC’s Disclosure Effectiveness Project

By EsqSocial Corporation 19/05/14

SEC Division of Corporation Finance Director Keith Higgins recently suggested that the SEC will review the rules requiring separate financial statements or separate financial information under certain circumstances for acquired companies, investees,...

Class Certification Issues In O’Bannon v. NCAA

By EsqSocial Corporation 19/05/14

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments - Excerpt of Underlying Lawsuit: - Defendants...

First Circuit Stays on the Fence Regarding Application Versus Registration Approach

By EsqSocial Corporation 19/05/14

Alicea v. Machete Music - Once again failing to choose a side in the application versus registration approach, the U.S. Court of Appeals for the First Circuit upheld the district court’s finding that plaintiffs failed to meet the § 411 requirement...

Defining An “Ethical” Leader (Part IV Of IV)

By EsqSocial Corporation 19/05/14

The most effective ethics and compliance program starts with a CEO. But that is not the end of the story. Life is easier with a CEO who understands the importance of ethics and compliance, promotes it as a financial driver for profitability and...

Unregistered Finder Settles With The SEC, Agrees To Pay Millions

By EsqSocial Corporation 19/05/14

The SEC recently settled an enforcement action against an individual alleged to have sold millions of dollars in securities on behalf of oil and gas companies without being associated with a registered broker dealer, as required by Section 15(a) of...

The Sixth Circuit Court of Appeals Reverses Bankruptcy Court’s Ruling that the Absolute-Priority Rule No Longer Applies to Individual Chapter 11 Debtors

By EsqSocial Corporation 19/05/14

The Sixth Circuit Court of Appeals recently issued an opinion confirming that the absolute priority rule still applies to individual chapter 11 debtors following the 2005 amendments to the Bankruptcy Code. Ice House America, LLC v. Charles Cardin,...

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