News

Major League Baseball’s Antitrust “Exemption” Is Immune From Judicial Overrule

By EsqSocial Corporation 19/11/13

The City of San Jose, California, entered into an option contract to lease land to the Oakland A’s, a Major League Baseball (“MLB”) club, for the construction of a new stadium. The land was within the exclusive territory of another MLB club, the San...

Innocent Bystanders: The Rewards and Risks of Lending a Helping Hand

By EsqSocial Corporation 19/11/13

When most people see others injured or in danger, their immediate instinct is to jump in and try to assist in any way possible. While people’s motives are undoubtedly pure, the real value of their help and the wisdom of their intervention is not...

Exceptions in Pennsylvania Orphans' Court Not Necessary to Preserve Weight-of-the-Evidence Claim on State-Court Appeal

By EsqSocial Corporation 19/11/13

In a unanimous en banc decision, the Superior Court of Pennsylvania held on November 12 in In re Estate of William O. Smaling, No. 3353 EDA 2011, that filing exceptions to a Pennsylvania Orphans’ Court order is not necessary to preserve...

Before Adopting a Restrictive Covenant Program, Check For Fundamentals?

By EsqSocial Corporation 19/11/13

A relatively recent Connecticut Superior Court decision holding certain non-compete and non-solicitation covenants unenforceable illustrates the need for businesses to focus on fundamentals in creating and litigating these provisions. It also...

Mortgagee Remedies

By EsqSocial Corporation 19/11/13

When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for foreclosure. The following...

Mexico Energy In Need Of Expanded Financing Options

By EsqSocial Corporation 19/11/13

Petroleos Mexicanos (Pemex) has decided to cancel the $10 billion refinery it had planned to build in Tula. According to the Mexico City newspaper El Universal, the government’s oil and gas monopoly has not included the refinery in its 2014-2018...

CFTC Proposes Further Amended Position Limit Aggregation Rules

By EsqSocial Corporation 19/11/13

On November 15, 2013, the Commodity Futures Trading Commission (the “CFTC”) published proposed revised aggregation rules for speculative position limits in certain commodity interests (the “Proposed Rules”). The Proposed Rules modify standards for...

Energy Law Alert: California Cap and Trade Auctions Upheld as Constitutional

By EsqSocial Corporation 19/11/13

The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap and trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v. ARB. The petitioners in...

The “ABCs” of Vested Rights in Zoning

By EsqSocial Corporation 19/11/13

Recently, I spoke to a group of local government officials and staff and other interested persons on the history of vested rights in Virginia, the recent vested rights cases decided in 2012 and 2013, and the state of the law in 2013....

Are Corporations Profitable?

By EsqSocial Corporation 19/11/13

Do corporations make a profit? I think it is beyond peradventure that some corporations make a profit. But do most (i.e., more than half) make a profit? If more than half do make a profit, how many more than half?...

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