News

Sanchez v. Canada (Citizenship and Immigration): When to Stay an Appeal Pending a Decision by the Supreme Court of Canada

By EsqSocial Corporation 27/03/14

In the recent case of Sanchez v. Canada (Citizenship and Immigration), Stratas J.A. of the Federal Court of Appeal dismissed the appellant’s motion for a stay of the appeal pending a decision by the Supreme Court of Canada. The Sanchez case raised...

Rating Agency Developments - March 27, 2014

By EsqSocial Corporation 27/03/14

On March 19, S&P released its methodology for rating CDOs of project finance debt. On March 17, Fitch released its criteria for analyzing RMBS under the Ability-to-Repay and Qualified Mortgage rules....

Registration Requirements Eased for Brokers and Financial Advisors in M&A Transactions

By EsqSocial Corporation 27/03/14

We are often asked whether a financial advisor or business broker may advise on mergers and acquisitions and similar business combinations of a privately held company in a stock transaction without having to register as a broker-dealer. Until...

France Tightens Disclosure Requirements for Large Companies, Particularly in Relation to Transfer Pricing

By EsqSocial Corporation 27/03/14

The Anti-Tax Evasion Act and the Finance Act 2014 have introduced an annual transfer pricing documentation filing obligation and new disclosure requirements for large companies....
By: McDermott Will & Emery

The U.S. Supreme Court Extends Sarbanes-Oxley Whistleblower Protections to Employees of Mutual Fund Investment Advisers and Other Privately-Held Contractors to Public Companies

By EsqSocial Corporation 27/03/14

The Supreme Court of the United States on March 4, 2014 held that employees of a privately-held mutual fund investment adviser are protected under a whistleblower provision enacted as part of the Sarbanes-Oxley Act of 2002 (SOX)....

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

By EsqSocial Corporation 27/03/14

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists....
By: Littler

ERISA (7th Cir.): Beneficiary and Attorney Who Ignore Subrogation Lien for Medical Bills Paid by ERISA Plan “Better Call Saul”

By EsqSocial Corporation 27/03/14

You have seen this one before: The ERISA plan pays hundreds of thousands of dollars in medical bills and secures an equitable lien. Then, the ERISA plan beneficiary settles a tort claim, but refuses to reimburse the ERISA plan....

Senate and House Ways and Means Committees Reveal Draft Legislation To Reform Post-Acute Care Payments

By EsqSocial Corporation 27/03/14

On March 18, 2014, the Senate Finance and House Ways and Means committees unveiled draft legislation, the Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT Act), designed to strengthen Medicare’s post-acute care (PAC) services....

Penmanship Lesson: Technical Defects in Massachusetts Pre-foreclosure Letters Not Grounds For Voiding Foreclosures

By EsqSocial Corporation 27/03/14

In a victory for common sense, the Massachusetts Supreme Judicial Court (the “SJC”) has held that MASS. GEN. LAWS ch. 244 § 35A (“Section 35A”) does not relate to “the foreclosure of mortgages by the exercise of a power of sale,” and thus failure to...

Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?

By EsqSocial Corporation 27/03/14

For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the focus of intermittent media...

Pages