News

The Aftermath of a Section 355 Transaction (Part 1)

By EsqSocial Corporation 13/11/13

Section 355 is one of the few bright spots remaining for corporate tax planners since repeal of the General Utilities doctrine in the mid-1980s. However, the tax-free treatment of corporate spin-offs and other separations under Section 355 can be...

CFPB announces new partnerships with Columbus and St. Louis

By EsqSocial Corporation 13/11/13

The CFPB recently announced new partnerships with Columbus, Ohio and St. Louis, Missouri. Similar to existing CFPB partnerships with other cities, the new partnerships allow consumers to call a local hotline to reach the CFPB....

FCA Publishes Statement on Reporting Requirements of AIFMs

By EsqSocial Corporation 13/11/13

On November 4, the FCA published a statement on reporting requirements for managers of AIFs (AIFMs) under the AIFMD. In certain circumstances, firms already authorized as AIFMs will be required to provide regulatory reports to the FCA in the first...

Does the ADA Amendments Act Absolve a Party Alleging Disability Discrimination From Having to Prove the Disability?

By EsqSocial Corporation 13/11/13

That was the question recently presented to the United States Court of Appeals for the Fifth Circuit, and the Fifth Circuit resoundingly answered "no." Specifically, in Neely v. PSEG Texas, LP, the Fifth Circuit held "though the ADAAA makes it easier...

Ex-Miss USA contestant told to pay Donald Trump $5M files malpractice suit against her former lawyer

By EsqSocial Corporation 13/11/13

Ordered to pay $5 million to Donald Trump earlier this year in a federal-court ruling upholding an award in a defamation and breach-of-contract arbitration she didn't attend, an ex-participant in his Miss USA contest has now sued her former lawyer.

U.S. Supreme Court Considers the Scope of SOX’s Whistleblower Provision

By EsqSocial Corporation 13/11/13

On November 12, 2013, the United States Supreme Court heard oral argument in Lawson v. FMR LLC to decide whether Sarbanes-Oxley’s whistleblower protection extends to employees of a publicly traded company’s contractors....

May Providers Pay Health Insurance Premiums for HealthCare.gov Plan Enrollees?

By EsqSocial Corporation 13/11/13

Following last week's declaration that Qualified Health Plans (QHPs) on HealthCare.gov are not "Federal health care programs," and thus are not subject to the federal Anti-Kickback Statute, CMS released additional guidance this week on providers...

RMBS Trustee Brings $157 Million RMBS Lawsuit Against Citigroup

By EsqSocial Corporation 13/11/13

On November 1, U.S. Bank National Association, acting in its capacity as trustee for Citigroup Mortgage Loan Trust 2007-AHL2, filed a lawsuit in the Supreme Court for the State of New York against Citigroup Global Markets Realty Corp. (Citigroup), on...

Triaging Trade Secret Theft

By EsqSocial Corporation 13/11/13

As the size, complexity, and interconnectedness of modern companies’ IT infrastructures has increased, so too has the risk of corporate espionage and cyber attacks targeting companies’ intellectual property. In-house and outside counsel must be ready...

OSHA Web-Based Resources Provide Updated Guidelines to Hazardous Materials Exposure; Compliance is Voluntary... For Now

By EsqSocial Corporation 13/11/13

The Occupational Safety and Health Act of 1970 requires that employers provide safe and healthful workplaces for their employees. Many of the standards relating to hazardous substances were issued that same year and are no longer sufficient to...

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