News

Germany: Act against Improper Business Practices in force

By EsqSocial Corporation 21/11/13

The Act against Improper Business Practices (“the Act”), passed by the German legislator, came into force on 9 October 2013, although some of its provisions on collections will take effect on 1 November 2014. The Act contains several amendments to...

Viel Aufregung zur rechten Zeit: Urteil des BAG zum Weihnachtsgeld

By EsqSocial Corporation 21/11/13

Berichte und Aufmacher in allen Medien und alles zum passenden Zeitpunkt: Zur beginnenden Weihnachtszeit ein Urteil des Bundesarbeitsgerichts (BAG) - 10 AZR 848/12 - zum – untechnisch gesprochen – Weihnachtsgeld. Ist die Aufregung gerechtfertigt ?...

Another Update: Combating Counterfeit Products Act

By EsqSocial Corporation 21/11/13

As an update to my previous post in August (click here), this bill (Bill C-8) has been re-introduced in Canadian Parliament, and is currently in second reading. Bill C-8 amends the Copyright Act and the Trade-marks Act to add new civil and criminal...

Department of Water Resources Announces 5% Initial Allocation for 2014

By EsqSocial Corporation 21/11/13

California's Department of Water Resources announced yesterday an initial 5% allocation of requested deliveries of Table A water to State Water Project contractors for 2014. This initial allocation for the 2014 water year is a significant decrease...

The Open Source Siren Song

By EsqSocial Corporation 21/11/13

The opportunity to use Open Source software also offers leverage in the context of technology procurement. In November 2003, the Brazilian government issued a policy encouraging the use of Open Source. By 2005, 300,000 government computers had...

[Video] Warranty vs. Indemnity

By EsqSocial Corporation 21/11/13

100 second poem explaining the difference between a warranty and an indemnity by Richard Hsu, Partner, Shearman & Sterling....
By: Shearman & Sterling LLP

Non-Compete Clauses: Are Geographic Limits Valid?

By EsqSocial Corporation 21/11/13

As a part of most boilerplate contracts, non-compete clauses are a standard way for business owners to protect their interests when employees move on.

3 men convicted in infamous ‘Scottsboro Boys’ case are pardoned by Alabama parole board

By EsqSocial Corporation 21/11/13

Closing a chapter in a criminal case that is considered symbolic of racial injustice in the early decades of the 20th Century, the Alabama parole board Thursday granted posthumous pardons to three black men who were convicted by all-white juries of a rape that apparently never occurred in a case…

District Court in Tenth Circuit Adopts Presumption of Prudence

By EsqSocial Corporation 21/11/13

A district court in the Tenth Circuit adopted the presumption of prudence in dismissing a class action alleging that the defendants violated their fiduciary duties by allowing participants to continue investing in company stock at a time when the...

Monster Beverage Dismissal Order Energizes Defenses Available to Food Labeling Defendants

By EsqSocial Corporation 21/11/13

A recent, comprehensive decision from the Central District of California lends valuable support to defendants’ ability to pursue pleading challenges and defenses in the context of food labeling class actions. In Fisher v. Monster Beverage Corp., et...

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