News

Missouri Court Holds Underlying Fuel Tank Release Not Progressive Injury

By EsqSocial Corporation 06/12/13

In its recent decision in Stoddard Equipment Co., Inc. v. American Safety Indemnity Co., 2013 U.S. Dist. LEIS 170701 (W.D. Mo. Dec. 4, 2013), the United States District Court for the Western District of Missouri had occasion to consider whether...

Facing loss of health coverage, 2 lawyers turn to ‘Problem Solver’ for help proving their marriage

By EsqSocial Corporation 06/12/13

Philip and Nancy Hablutzel have been married for more than three decades. When required to prove that they are still husband and wife by an administrator for a state health insurance system, however, the two Illinois lawyers found themselves stymied.

Internet Sales Tax Update

By EsqSocial Corporation 06/12/13

We recently reported on a case out of New York State, which dealt with the question of sales tax liability in the case of online sales. That decision (in Overstock.com v. New York Taxation Dept. and the companion case of Amazon.com v. New York...

SEC CustodyFest Vol. 3: Jason Returns

By EsqSocial Corporation 06/12/13

In this last chapter of SEC CustodyFest, we visit Knelman Asset Management Group. For this case, I’m mostly interested in discussing a change to the SEC’s custody rule, Rule 206(4)-2, from 2010....
By: Brooks Pierce

SEC Suffers Three Recent Losses Despite Increased Focus on Trial Readiness

By EsqSocial Corporation 06/12/13

Since becoming Chair of the Securities and Exchange Commission (“SEC” or “Commission”) in April 2013, Mary Jo White has articulated a number of new enforcement priorities for the SEC. White has suggested, for instance, that the Commission adopt a...

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

By EsqSocial Corporation 06/12/13

New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York joins 14 other states...

Transport: New French Scheme for Information on CO2 Emissions caused by Transportation Services having France as their Origin or Destination

By EsqSocial Corporation 06/12/13

Since October 1, 2013, companies active in the transportation of goods or passengers, as well as moving companies, offering transportation services having either their origin or their destination in France are subject to an obligation to inform the...

Spendthrift Trusts and Bankruptcy

By EsqSocial Corporation 06/12/13

If you are thinking about filing for bankruptcy and are the beneficiary of a trust, you're probably concerned that you will lose your interest in the trust if you file. To determine whether your trust is at risk you must determine a few things....

Mortgage Assignee Not a 'Creditor' for Purposes of TILA Obligations Existing over the Life of a Loan… at Least for Now

By EsqSocial Corporation 06/12/13

Under the Truth in Lending Act (TILA), the assignee of a mortgage note is not considered a "creditor" and is therefore not bound by TILA requirements imposed solely on creditors. One federal appellate court, however, has recently expressed concern...

Tax Measures in UK Chancellor’s 2013 Autumn Statement

By EsqSocial Corporation 06/12/13

Statement builds on economic stability, with a focus on certainty for business. On 5 December, UK Chancellor of the Exchequer George Osborne released the 2013 Autumn Statement with measures designed to increase investment and drive growth....

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