News

Obamacare Chaos: Two Lessons for Employers

By EsqSocial Corporation 19/11/13

Dysfunctional websites. Low enrollment numbers. Public outrage over cancelled health policies. Mea cuplas. A presidential administrative “fix.” Competing Congressional solutions. Finger pointing. It’s enough to make your head spin!...

OCC Publishes Standards on Independent Consultants

By EsqSocial Corporation 19/11/13

On November 12, OCC published standards governing the use of independent consultants in enforcement actions involving significant violations of law. The standards describe the criteria the OCC will use in determining whether to require a national...

Texas Court Holds Department of Insurance Proceeding Is a “Claim”

By EsqSocial Corporation 19/11/13

In its recent decision in Regency Title Co. v. Westchester Fire Ins. Co., 2013 U.S. Dist. LEXIS 162772 (E.D. Tex. Nov. 15, 2013), the United States District Court for the Eastern District of Texas had occasion to consider the date on which a claim...

A “De Minimis” Cost Can be Enough to Defeat a Religious Accommodation Claim

By EsqSocial Corporation 19/11/13

While many employers are familiar with the phrase “reasonable accommodation” because of the Americans with Disabilities Act and similar state laws, the ADA is not the only employment law that requires employers to make reasonable accommodations....

Patent Reform Update: Leahy Introduces Senate Bill, Goodlatte Circulates House Manager’s Amendment

By EsqSocial Corporation 19/11/13

Significant congressional activity took place on November 18, 2013, bringing patent reform several steps closer to enactment. While final passage remains too early to predict (and no single bill has yet been voted out of Committee), yesterday’s...

Employer Could Be Liable For Employee Alcohol Use at Holiday Party

By EsqSocial Corporation 19/11/13

A decision by the California appellate court in the Purton v. Marriott Int’l, Inc., 218 Cal. App. 4th 499 (2013) case makes it possible for an employer to be liable for the actions of an off-duty employee. In this case, the off-duty employee...

Mobile Apps: No Surprises, Please

By EsqSocial Corporation 19/11/13

Widely applicable rules regarding consumer privacy disclosures in our increasingly mobile world are only now emerging. Government agencies, individual states, and professional associations are all weighing in on how mobile app developers should...

U.S. District Court Finds Halifax Hospital Violated the Stark Law in Summary Judgment

By EsqSocial Corporation 19/11/13

A United States District Court in the Middle District of Florida recently granted partial summary judgment in favor of the United States in connection with its motion against Halifax Hospital Medical Center (Halifax Hospital), finding that Halifax...

Your Employee Handbook Could Be Your Protection From Litigation

By EsqSocial Corporation 19/11/13

A well-drafted employee manual can protect an employer from costly litigation and create a comfortable atmosphere for employees who fully understand their benefits. A poorly drafted employee manual leaves an employer vulnerable to lawsuits for a...

PTAB Invalidates Patent in First Final Written Decision in New Inter Partes Review Proceeding

By EsqSocial Corporation 19/11/13

The PTAB issued its first final written decision in the new Inter Partes Review (“IPR”) post-grant proceeding on November 13, 2013, invalidating the claims under review. In its decision, the PTAB rejected patent owner Cuozzo’s proposed construction...

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