News

Delaware Supreme Court applies ‘reasonable conceivability’ standard and addresses earn-out and indemnification provisions

By EsqSocial Corporation 13/11/13

Last month, in Winshall v. Viacom International, the Delaware Supreme Court applied the “reasonable conceivability” standard to a motion to dismiss and addressed the earn-out and indemnification provisions in a merger agreement....

SEC Issues Latest Whistleblower Award for $150K

By EsqSocial Corporation 13/11/13

On October 30, the Securities and Exchange Commission announced an award of nearly $150,000 to an unnamed whistleblower whose tips helped the agency stop a scheme that was defrauding investors. The tips provided by the whistleblower allowed the SEC...

Pay Ratio Rules: Practical Compliance Challenges

By EsqSocial Corporation 13/11/13

On July 21, 2010, in response to the financial crisis, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 was signed into law. In passing Dodd-Frank, legislators hoped to curb the risk-taking behaviors that were blamed, in part, on...

Arora v. Whirlpool: The Case of Smelly Washing Machines

By EsqSocial Corporation 13/11/13

Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these washing machines resulted...

Legal to Force Employees to Work Holidays?

By EsqSocial Corporation 13/11/13

As retailers are gearing up for the holiday shopping season, many employers are left wondering whether they can force their employees to work on the holidays.

REGULATION CROWDFUNDING: Proposed Rules by the SEC to give effect to the Crowdfunding Provisions of Title III under the JOBS Act: PART II: Requirements Pertaining to Crowdfunding Intermediaries

By EsqSocial Corporation 13/11/13

The Securities and Exchange Commission (SEC), on October 23, 2013, released its long-awaited proposed rules, Regulation Crowdfunding[i], to implement the crowdfunding provisions of Title III of the Jumpstart our Business Startups Act (JOBS Act)[ii] ....

District Court Orders Production of Litigation Funding Agreement

By EsqSocial Corporation 13/11/13

In the patent infringement action between Cobra International, Inc. ("Cobra") and BCNY International, Inc. ("BCNY"), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the motion asserting that...

Investigating Employee Complaints of Workplace Bullying

By EsqSocial Corporation 13/11/13

Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other unnamed teammates. While the...

Deferred Prosecution May Be Saving Grace for Young Offenders

By EsqSocial Corporation 13/11/13

A top running back for North Carolina State ran afoul of the law this summer due to an argument with his girlfriend in a school library. Based on conduct, including grabbing and pushing the young woman, he was arrested for assault on a female by...

The Future of NC Medicaid Behavioral Health: Will We Soon Be Down to Eight MCOs? Two More Monkeys Jumping off the Bed?!

By EsqSocial Corporation 13/11/13

Remember the song “10 Little Monkeys Jumping on the Bed?” Ten little monkeys jumping on the bed. One fell off and broke his head. Mama called the doctor and the doctor said, “No more monkeys jumping on the bed!”...

Pages