News

TCPA Litigation Explosion Leads to Rule Clarifications

By EsqSocial Corporation 11/04/14

Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA litigation, including class action...

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

By EsqSocial Corporation 11/04/14

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir. 2011), and answered the...

Why California Breweries, Distilleries, and Wineries Need to Know About California's New Industrial Storm Water Permit

By EsqSocial Corporation 11/04/14

On April 1, 2014, the California State Water Resources Control Board (“State Board”) unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a...

What’s in Store on the Floor – Appropriations Update

By EsqSocial Corporation 11/04/14

After demonstrating hope, resolve, and bipartisanship with the passage of a 12 bill omnibus for Fiscal Year (FY) 2014, Senate Appropriations Chairwoman Barbara Mikulski and House Appropriations Chairman Hal Rogers have set a positive tone for the FY...

New Guidance – Is that Rollover Contribution Valid?

By EsqSocial Corporation 11/04/14

Since 1992, the ability to move retirement money from one qualified plan to another qualified plan or individual retirement account has been simplified. One hiccup in this easing process has been determining the level of due diligence the recipient...

Initial FATCA Registration/Withholding Dates Draw Near

By EsqSocial Corporation 11/04/14

Foreign financial institutions, such as offshore funds, should register with the IRS by May 5 and review new and revised IRS forms. The July 1 start date for Foreign Account Tax Compliance Act (FATCA) withholding on certain payments of U.S. source...

IRS Hits the “Pause” Button on PTP Rulings

By EsqSocial Corporation 11/04/14

Recently it has become standard operating procedure for the Internal Revenue Service (“IRS”) to declare moratoriums on the issuance of private letter rulings (“PLR”) in certain areas. These temporary (or, in certain cases, more permanent) suspensions...

Many Lessons for Companies to Learn After the Target Data Breach

By EsqSocial Corporation 11/04/14

The red bull’s-eye. Even shoppers that don’t frequent Target know the retailer’s ubiquitous logo. But what many holiday shoppers — both loyal Target customers and casual visitors to the trendy discount store — didn’t realize until too late was...

A Blast from the Past: The SEC Fines Investment Adviser/Broker-Dealer for Breakpoint Violations

By EsqSocial Corporation 11/04/14

In a case reminiscent of the “breakpoint” enforcement actions brought 10 years ago by securities regulators, the SEC recently found that a registered investment adviser and broker-dealer overcharged clients because it improperly calculated advisory...

Employer Liability for Car Accidents

By EsqSocial Corporation 11/04/14

You just got in a car accident and the driver of the other automobile (who was at fault) was driving a company car or in his own vehicle but on the clock at work. Who's liable for your damages: the other driver and/or his employer?...

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