News

CMS Letter to State Insurance Commissioners Offers Transitional Policy to Prevent Health Insurance Issuers from Cancelling Plans for 2014

By EsqSocial Corporation 19/11/13

On November 14, 2013, the CMS Center for Consumer Information and Insurance Oversight issued a letter to State Insurance Commissioners announcing a “transitional policy” to permit health insurance issuers to continue plan coverage for individuals...

FACT Act Promises Transparency in Bankruptcy Trust Claims and Payments for Asbestos Exposure

By EsqSocial Corporation 19/11/13

Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim...

Securities and Exchange Commission Proposes Rules on Crowdfunding

By EsqSocial Corporation 19/11/13

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the requirements of Title III...

Advertising Law: It's not your father's first amendment

By EsqSocial Corporation 19/11/13

Advertising seems like an unlikely candidate for constitutional protection. Think of the snake oil and patent remedy advertisements in newspapers a century ago. Even today, political candidate ads seem to take an "anything goes, facets be damned"...

European Commission approves the continuation of Hungarian Film Support Schemes until December 2019

By EsqSocial Corporation 19/11/13

The European Commission approved with its resolution as of 16 July 2008 the Hungarian film support schemes until 31 December 2013. Under this scheme a tax payer who provides support for film production which complies with certain conditions is...

A Bit Too Far: Employee’s Alleged Self-Defense Fails To Sway NH Justices On His Wrongful Discharge Claim

By EsqSocial Corporation 19/11/13

Could an employee be fired by his employer for actions he claimed were done in self-defense? In Leeds v. BAE Systems, No. 2012-599 (November 5, 2013), the New Hampshire Supreme Court found that he could where the employee’s actions went beyond what...

Understanding Split-Shift Pay

By EsqSocial Corporation 19/11/13

Many California employers are not aware that requiring employees to work more than one shift in a day, or including a significant break in a workday, can trigger a penalty. Specifically, each Wage Order issued by the Industrial Welfare Commission...

Court Upholds Auction of Allowances Under California Cap-and-Trade Program

By EsqSocial Corporation 19/11/13

The decision, which will almost certainly be appealed, allows the Air Resources Board tocontinue to auction emission allowances. On November 12, 2013, a California trial court decided that the California Air Resources Board (ARB) has the power to...

SEC Examinations Targeting Advisers Who Are Still Waiting for Godot

By EsqSocial Corporation 19/11/13

I have worked with a number of advisers who have never ever been examined by the SEC, not once in their 10 +, 15+, etc. years of existence. That may be a thing of the past. They will be the focus of the SEC in 2014, according to Andrew Boden, head of...

Third Circuit Refuses to Accept New Jersey’s Sports Bet

By EsqSocial Corporation 19/11/13

The Third Circuit denied New Jersey’s request that the Court rehear arguments en banc in National Collegiate Athletic Association, et al. v. Governor of New Jersey, et al. (previously chronicled in the Goodwin Gaming Blog here). A divided...

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