Sheppard Mullin Richter & Hampton LLP

Legal Updates

About

Attorneys

Attorney	Latest Publications
Sarah Aberg	It Ain't Over 'Till the Fat Lady Sings - Party's Contractual Obligations Continue In Agreement To Negotiate In IDT Corp. v Tyco Group, S.A.R.L., 2012 NY Slip Op 09190 (1st Dept. Dec. 27, 2012) the Appellate Division held that if you sign a binding agreement that includes an obligation to negotiate, the obligation to negotiate is not…more Agreement To Negotiate, Breach of Contract, Condition Precedent, Fiber Optic Telecommunications Network, Indefeasible Right To Use	See All Updates »
Robin Achen	United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, 2013 WL 1628935 (U.S. Apr. 17, 2013), the Supreme Court of the United States addressed the circuit split that arose following the 2010 decision of the United States Court of…more	See All Updates »
Mahsa Aliaskari	SEC Freezes Assets and Brings Civil Charges against EB-5 Investor Visa Project In the first SEC enforcement action of its kind, the SEC announced on February 8, 2013 that it had filed civil charges against, and received an emergency order to freeze assets of, the Intercontinental Regional Center Trust of…more Due Diligence, EB-5, Foreign Investment, Immigrant Investment Visas, Injunctions	See All Updates »
Travis Anderson	Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v. Concepcion,…more Arbitration Agreements, AT&T Mobility, Class Action, Class Action Arbitration Waivers, Consumers Legal Remedies Act	See All Updates »
Rena Andoh	All Residential Mortgage Backed Securities Cases To Be Assigned To Justice Friedman of the Commercial Division As reported yesterday in the New York Law Journal, Justice Marcy Friedman of the Commercial Division in Manhattan will now be assigned any new case filed in New York Supreme Court that alleges fraud or misrepresentation arising…more Fraud, Misrepresentation, RMBS	See All Updates »
Brian Arbetter	China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers China has a new employment law. This new law significantly impacts an employer who does not directly employ its own workers, but instead uses agencies such as FESCO or third party staffing companies, also known as labor…more China, Employer Liability Issues, Employment Contract, Equal Pay, Labor Dispatch Services	See All Updates »
Jonathan Aronie	Common Sense Prevails Once Again: District Court FCA Ruling Serves As Reminder That Whistleblowers Need to Prove Recklessness Too While multi-million dollar False Claims Act (FCA) settlements paid by Government contractors get the lion’s share of the press, those with an attentive eye will have noticed a recent steady stream of more “contractor friendly”…more Contractors, Discovery, False Claims Act, Summary Judgment, Whistleblowers	See All Updates »
Edwin Astudillo	Technical Change by Broadridge May Impact Retail Voting at Upcoming Annual Meetings Most public companies use Broadridge for shareholder voting tasks related to their annual meetings. Due to a new interpretive position being taken by the SEC, Broadridge recently informed its clients of a technical change in its…more Annual Meeting, Broadridge, Proxy Season, Retail Market, SEC	See All Updates »
Tyler E. Baker	Second Circuit Holds that Allegations of Direct Fraudulent Representations Are Necessary for Market Manipulation Claims Under Section 10(b) and Rule 10b-5 In Fezzani v. Bear, Stearns & Co., Inc., No. 09-4414-cv, 2013 WL 1876534 (2d Cir. May 7, 2013), a 2-1 majority of a panel of the United States Court of Appeals for the Second Circuit held that plaintiffs’ failure to plead direct…more Broker-Dealer, Fraud, Liability, Misrepresentation, Respondeat Superior	See All Updates »
Daniel Bane	No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013). In Alliance for the Protection of the Auburn Community Environment v. County of…more CEQA, Demurrers, Environmental Impact Report, Filing Deadlines, Statute of Limitations	See All Updates »
Elizabeth Berman Barcohana	Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio Recovery…more Class Certification, Debt Collectors, Preliminary Injunctions, TCPA	See All Updates »
John Bonn	New IRS Regulations Regarding Noncompensatory Partnership Options Effective Immediately On February 4th, the IRS issued final and further proposed regulations regarding noncompensatory partnership options, effective immediately. Overview - A “noncompensatory partnership option” is any contractual right…more Convertabile Equity, IRS, Non-Compensatory Partnership Options	See All Updates »
Daniel Brown	Subpoena of AOL Senior Executive Under the "Apex Rule" Disallowed Absent Special Knowledge In Daou v. Huffington, No. 651997/2010 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 14, 2013), the Supreme Court (J. Ramos) granted nonparty Timothy Armstrong’s (“Armstrong”) motion to quash a subpoena served on him by political consultants…more Apex Rule, Depositions, Huffington Post, Non-Parties, Subpoenas	See All Updates »
Leo Caseria	Challenge To Alleged Restraints On Baseball And Hockey Programming Survive Motion To Dismiss And Advance To The Next Round Of Litigation Have you ever been away from home when your favorite baseball or hockey team is playing an important game? Ever wished you could watch that game, and just that game, live while you are on the road? If plaintiffs in Laumann v…more Comcast, DirectTV, NHL, RSNs, Sherman Act	See All Updates »
Juan Castañeda	6 Ways to do Business Overseas While Reducing the Perils of Future Litigation As an executive or in-house counsel, your work likely reaches across the globe. 90% of companies in the United States are involved in litigation—much of it international. American companies have increased overseas…more	See All Updates »
Alex Chan	Things to Know About the Latest Final Interim Rules to Patent Term Adjustment On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act of January 14, 2013. 78 Fed. Reg…more America Invents Act, Patent Term Adjustment, Patents, USPTO	See All Updates »
Michael Chan	What Employers Need to Know About Healthcare Reform for 2013 As the end of 2012 approaches, we consider what a notable year it has been for the future of healthcare reform, starting with the United States Supreme Court’s decision to uphold key provisions of the Patient Protection and…more Affordable Care Act, Employer Group Health Plans, Flexible Spending Accounts, Health Insurance, Health Insurance Exchanges	See All Updates »
Wayne Chang	Who Owns Your Online Persona? Originally published in The Recorder on March 22nd, 2013. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who first…more Damages, Eagle v Edcomm, LinkedIn, Misappropriation, Social Media	See All Updates »
John Chierichella	Teaming Agreements Called Into Question Under Virginia Law In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law provision. In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514…more Enforcement, Subcontracts, Teaming Agreements	See All Updates »
Terese Connolly	China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers China has a new employment law. This new law significantly impacts an employer who does not directly employ its own workers, but instead uses agencies such as FESCO or third party staffing companies, also known as labor…more China, Employer Liability Issues, Employment Contract, Equal Pay, Labor Dispatch Services	See All Updates »
Ryan Connor	California's Revised Uniform Limited Liability Company Act The California Revised Uniform Limited Liability Company Act (RULLCA) was signed into law by Governor Jerry Brown in September 2012. Intended to come into effect on January 1, 2014, RULLCA replaces the Beverly-Killea Limited…more Fiduciary Duty, LLC, Operating Agreements, RULLCA	See All Updates »
Mercedes Cook	An Unreasonable Royalty Rate is No Gaming Matter The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v. Motorola,…more Essential Patents, Innovation, Microsoft, Motorola, Patents	See All Updates »
Robert Copeland	California's Revised Uniform Limited Liability Company Act The California Revised Uniform Limited Liability Company Act (RULLCA) was signed into law by Governor Jerry Brown in September 2012. Intended to come into effect on January 1, 2014, RULLCA replaces the Beverly-Killea Limited…more Fiduciary Duty, LLC, Operating Agreements, RULLCA	See All Updates »
Paul Cowie	Cyberattacks a mounting challenge for employers In a recent panel discussion, one of the speakers was a so-called "ethical hacker" - a hacker-turned-protector of employers' confidential information. As someone at the forefront of cyberattacks, the ethical hacker's opinion was…more Cyber Attacks, Cybersecurity, Data Protection, Hackers, Notice Requirements	See All Updates »
Tyler Cunningham	California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims The California Supreme Court has offered hope to plaintiffs facing statute of limitations problems under California’s Unfair Competition Law, holding that special rules for calculating accrual dates for so-called “continuing…more Cause of Action Accrual, Continuing Wrongs, Continuous Accrual Doctrine, Discovery, Last Element Rule	See All Updates »
Aytan Dahukey	CMS Announces Participants in Bundled Payments for Care Improvement Initiative The Centers for Medicare & Medicaid Services (CMS) recently announced that over 500 organizations will begin participating in the Bundled Payments for Care Improvement initiative. The large number of participating organizations…more ACOs, Bundled Payments, CMS, Medicaid, Medicare	See All Updates »
Carrie H. Darling	Public Companies Should Immediately Review Their Peer Groups Used in Executive Compensation Decisions Based on ISS's New Peer Group Selection Guidance and Notify ISS of Any Changes by December 21 Public companies should immediately review their peer group and Global Industry Classification Standard (“GICS”) codes, for purposes of executive compensation in light of the new Institutional Shareholder Services (“ISS”)…more Executive Compensation, GICS, ISS	See All Updates »
Curtis Dombek	Compliance Issues with the New SEC Reporting and Disclosure Requirements Under the Iran Threat Reduction and Syria Human Rights Act of 2012 Originally published in Securities Regulation & Law Report on December 12, 2012. In August 2012, the Iran Threat Reduction and Syria Human Rights Act of 2012 (‘‘ITRSHRA’’) was passed to expand U.S. sanctions against Iran…more Disclosure Requirements, Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Oil & Gas, Petroleum	See All Updates »
David Douglass	Ninth Circuit Off-Label Marketing Decision Suggests More Prosecutions Will Be Coming The Ninth Circuit has reopened a door for off-label marketing prosecutions, and it is important to review your compliance and risk management programs in light of this recent decision. Last December, the pharmaceutical and…more First Amendment, Marketing, Medical Devices, Off-Label Promotion, Pharmaceutical	See All Updates »
Jennifer Driscoll-Chippendale	Comcast v. Behrend Sets a Higher Bar for Class Certification On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend, 569 U.S. ___ (2013). At issue was whether the proponents of…more Class Action, Class Certification, Comcast v. Behrend, Damages, Rule 23	See All Updates »
Ryan Duffy	Update: New York Department of Labor Releases Proposed Wage Deduction Regulations As we detailed in a previous blog post, in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended…more Andrew Cuomo, New Legislation, Overpayment, Wage Advances, Wage Deductions	See All Updates »
Taraneh Fard	United States Supreme Court Declines to Apply the "Discovery Rule" to Extend the Five-Year Statute of Limitations for SEC Punitive Fraud Enforcement Actions In Gabelli v. Securities & Exchange Commission, No. 11-1274, 2013 WL 691002 (U.S. Feb. 27, 2013), the United States Supreme Court, in a unanimous opinion by Chief Justice Roberts, held that the five-year statute of limitations…more Discovery Rule, Fraud, Gabelli v SEC, Investment Advisers Act of 1940, SCOTUS	See All Updates »
Alan Feld	Fifth Circuit Expected To Issue Landmark Ruling Concerning Recognition of Foreign Bankruptcy Proceedings Contrary to US Public Policy In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization…more	See All Updates »
Gregg Fisch	Is Your Criminal Screening Process Compliant? An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace…more Ban the Box, Criminal Background Checks, Discrimination, EEOC, FCRA	See All Updates »
Robert S. Friedman	All Residential Mortgage Backed Securities Cases To Be Assigned To Justice Friedman of the Commercial Division As reported yesterday in the New York Law Journal, Justice Marcy Friedman of the Commercial Division in Manhattan will now be assigned any new case filed in New York Supreme Court that alleges fraud or misrepresentation arising…more Fraud, Misrepresentation, RMBS	See All Updates »
David Gallacher	"Buy American" Compliance Tips 1. There is no single “Buy American” requirement – there are numerous statutes with differing requirements. Make sure you know which one applies…more Buy American Act, Compliance, DOD, Foreign-Made Goods, Free Trade Agreement	See All Updates »
Harris Gao	SIPO's Draft Measures on Service Invention On November 12, the State Intellectual Property Office (SIPO) released the Draft Measures on Service Invention«????????(?????)»(the “Draft Measures”) for public comments. Generally speaking, the Draft Measures enhance the rights…more Inventions, Patents, SIPO	See All Updates »
David R. Garcia	Challenge To Alleged Restraints On Baseball And Hockey Programming Survive Motion To Dismiss And Advance To The Next Round Of Litigation Have you ever been away from home when your favorite baseball or hockey team is playing an important game? Ever wished you could watch that game, and just that game, live while you are on the road? If plaintiffs in Laumann v…more Comcast, DirectTV, NHL, RSNs, Sherman Act	See All Updates »
Keith Garner	Utility Pole Not A Point Source Under The Clean Water Act Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act…more Clean Water Act, NPDES, Point Sources, RCRA, Utility Poles	See All Updates »
Keith Gercken	New IRS Regulations Regarding Noncompensatory Partnership Options Effective Immediately On February 4th, the IRS issued final and further proposed regulations regarding noncompensatory partnership options, effective immediately. Overview - A “noncompensatory partnership option” is any contractual right…more Convertabile Equity, IRS, Non-Compensatory Partnership Options	See All Updates »
Jason Guyser	Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims brought…more Class Action, Class Certification, Commonality, Exempt-Employees, Misclassification	See All Updates »
Melanie Hamilton	California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes Award Of Damages, Backpay, Or Reinstatement On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her termination,…more Attorney's Fees, Back Pay, Damages, Declaratory Relief, Discrimination	See All Updates »
Bram Hanono	Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms In McDaniel v. Wells Fargo Investments, LLC, Nos. 11-17017, 11-55859, 11-55943, 11-55958, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class…more Broker-Dealer, Brokers, Coerced Patronage, Insider Trading, Preemption	See All Updates »
Michael Hansen	Bill Introduced to Restore Cities' Ability to Require Affordable Housing On February 22, California State Assembly Member Toni Atkins, D-San Diego, introduced a bill, AB 1229, to restore the ability of California cities and counties to require affordable housing as part of market-rate housing…more Affordable Housing, Land Developers, Palmer v City of LA, Proposed Legislation	See All Updates »
Kathryn Hines	Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants' State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933 In Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v. Omnicare, Inc., 2013 WL 2248970 (6th Cir. May 23, 2013), the United States Court of Appeals for the Sixth Circuit held that a claim alleging…more Class Action, Material Misstatements, Omnicare, Pharmaceutical, Section 11	See All Updates »
Rebecca R. Hirschklau	Reminder: New York State Wage Theft Prevention Act Notice Requirements The New York State Wage Theft Prevention Act (“WTPA”) is still in effect, which means that the February 1, 2013 deadline to provide written notice to employees is fast approaching. Pursuant to the WTPA, New York employers must…more Hiring & Firing, Notice Requirements, Wage Theft Prevention Act, Written Notice	See All Updates »
Whitney Hodges	What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction The landmark Global Warming Solutions Act of 2006 (“AB 32”) tasked the California Air Resources Board (“ARB”) with reducing greenhouse gas (“GHG”) emissions to 1990 levels by 2020. In adopting a scoping plan assembling a number…more Cap-and-Trade, CARB, GHG Auction, Greenhouse Gas Emissions	See All Updates »
Rachel Tarko Hudson	California Bill to Expand Data Security Breach Notification Law Clears Senate Hurdle Last week, the California state Senate passed S.B. 46, a bill to expand the triggering data under the existing data security breach notification law…more Cybersecurity, Data Breach, Data Protection, Notice Requirements, Personally Identifiable Information	See All Updates »
John Hynes	Sixth Circuit: FERA False Claims Act Amendment Applies Retroactively to Cases Pending as of June 7, 2008 On November 2, 2012, the Sixth Circuit held that a 2009 amendment Congress made to the liability provisions of the False Claims Act ("FCA") applies retroactively to civil FCA cases pending as of June 7, 2008. U.S. ex rel…more False Claims Act, FERA, FERA Retroactivity Clause	See All Updates »
Gina Ilardi	FTC Updates To Online Privacy Acts, COPPA And VPPA The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of commercial websites…more Consent, COPPA, Data Collection, Data Protection, FTC	See All Updates »
Mark Jensen	A Rising Voice on FCPA Compliance: The Court One FCPA compliance topic we are often asked about by clients is how government investigations start. The U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have developed a number of mechanisms…more Compliance, DOJ, FCPA, IBM, Investigations	See All Updates »
Meredith Jones-McKeown	Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may…more	See All Updates »
Thomas R. Kaufman	Ninth Circuit Rules that Comcast Does Not Kill Wage and Hour Class Actions On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case. The decision represents the first interpretation from the Ninth Circuit of the…more Class Action, Class Certification, Comcast v. Behrend, Damages, Rule 23	See All Updates »
Danielle Kennedy	Judge Rules In Favor Of Stockton And Accepts Chapter 9 Petition Round one of the fight between the City of Stockton, California and its creditors is finally over. On April 1, 2013, Bankruptcy Judge Christopher M. Klein held that Stockton satisfied the eligibility requirements for a Chapter 9…more Bonds, CalPERS, Chapter 9, City of Stockton, Creditors	See All Updates »
Eugene Kim	Lenders Beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held that the acceptance vote from a minimally and “artificially impaired” class of…more Artificial Impairment, Chapter 11, Cramdown, Debtors, Lenders	See All Updates »
Michelle Kim	Supreme Court Hears Arguments on "Pay for Delay" Agreements On March 25, 2012, the Supreme Court heard oral argument on the legality of “reverse payment” or “pay for delay” agreements between brand-name and generic drug manufacturers…more FTC, Generic Drugs, Hatch-Waxman, Patents, Pay-For-Delay	See All Updates »
Sean Kirby	New York City Council Passes Act Requiring Mandatory Paid Sick Leave On May 8, 2013, the New York City Council, by a 45-3 vote, passed the New York City Earned Sick Time Act which will require employers with 20 or more employees to provide paid sick leave to their employees (the “Sick Leave…more Medical Leave, New Legislation, Notice Requirements, Paid Leave	See All Updates »
Eric Klein	CMS Announces Participants in Bundled Payments for Care Improvement Initiative The Centers for Medicare & Medicaid Services (CMS) recently announced that over 500 organizations will begin participating in the Bundled Payments for Care Improvement initiative. The large number of participating organizations…more ACOs, Bundled Payments, CMS, Medicaid, Medicare	See All Updates »
Aaron Kleven	Bankrupt Municipality May Reduce Retiree Benefits The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern District…more Chapter 11, Chapter 9, Contracts Clause, Creditors, Employee Benefits	See All Updates »
Becky Koblitz	MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences that,…more Anti-Monopoly, China, Conditional Approvals, MOFCOM, Sanctions	See All Updates »
Edwin Komen	BONDing With NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil Procedure A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the Federation…more BitTorrent, Bonds, Copyright, Infringement, Non-Practicing Entities	See All Updates »
Steven Kramer	United States Supreme Court Holds that Class Action Securities Fraud Plaintiffs Need Not Prove the Materiality of the Alleged False Statements or Omissions to Support Certification of a Class, Resolving Circuit Split In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, ___ WL ______ (U.S. Feb. 27, 2013), the United States Supreme Court affirmed the decision of the United States Court of Appeals for the Ninth Circuit…more Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud-on-the-Market, SCOTUS	See All Updates »
Anthony C. Kuhlmann	Standards of Review: Implications for Patent Challengers Originally published in Life Sciences Law & Industry Report on 11/30/2012. The standard of review is frequently cited but often overlooked as being outcome-determinative in patent cases. A recent trio of decisions by the…more Patents, Standard of Review, USPTO	See All Updates »
Lydia Lake	What Makes A Lease "Enforceable" - What You Need to Know Leases are often not given the same attention as other types of contracts with respect to issues of corporate authority and enforceability. Proof of authority is often an issue in the context of leases and related documents…more Documentation, Enforcement, Landlords, Leases, Signatures	See All Updates »
John M. Landry	Second Circuit Reverses Class Certification Order, Holding That a Clearing Broker's Alleged Knowledge of Fraud Against Shareholders, Absence Direct Involvement, Is Insufficient to Create a Duty of Disclosure In Levitt v. J.P. Morgan Securities, Inc., No. 10-4596, 2013 WL 1007678 (2d Cir. Mar. 15, 2013), the United States Court of Appeals for the Second Circuit reversed a district court order certifying a class of shareholder fraud…more Bear Sterns, Brokers, Class Action, Class Certification, Disclosure Requirements	See All Updates »
Michael Lauter	Claims Trading From The Inside Out: Ninth Circuit BAP Holds That A Non-Insider Claimant's Vote On A Plan Is Not Discounted Merely Because The Claimant Purchased Its Claim From An Insider In an unpublished decision in In re The Village at Lakeridge, LLC, BAP Nos. NV-12-1456 and NV-12-1474 (B.A.P. 9th Cir. Apr. 5, 2013), the United States Bankruptcy Appellate Panel of the Ninth Circuit held that a vote on a plan…more Debtors, Non-Insider Claimant, Transfers	See All Updates »
Adrienne Lee	New FCC Interpretation Of "Express Consent" To Increase TCPA Class Action Liability Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using…more Class Action, Consent, FCC, TCPA, Written Consent	See All Updates »
Louis Lehot	Fourth Quarter 2012 We are pleased to make available to you our quarterly update on dealmaking market trends and legal developments for Fourth Quarter 2012…more Capital Markets, Fundraisers, Nasdaq, NYSE, Private Equity	See All Updates »
Russell Leu	China's First-Ever National Standard on Data Privacy - Best Practices for Companies in China on Managing Data Privacy Companies doing business in China should take careful notice that China is now paying more attention to personal data privacy collection. This would be an opportune time for private companies to internally review existing data…more China, Cross-Border, Data Breach, Data Collection, Data Protection	See All Updates »
Malika Levarlet	Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 11, 2013 Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 became effective on February 11, 2013. The filing thresholds are revised annually, based on the change in gross national…more FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Premerger Notifications, Size of Persons Test	See All Updates »
Danielle Levine	Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and…more CFAA, Jury Trial, Trade Secrets	See All Updates »
Lauren Lewis	New IRS Regulations Regarding Noncompensatory Partnership Options Effective Immediately On February 4th, the IRS issued final and further proposed regulations regarding noncompensatory partnership options, effective immediately. Overview - A “noncompensatory partnership option” is any contractual right…more Convertabile Equity, IRS, Non-Compensatory Partnership Options	See All Updates »
Lisa Lewis	Update: New York Department of Labor Releases Proposed Wage Deduction Regulations As we detailed in a previous blog post, in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended…more Andrew Cuomo, New Legislation, Overpayment, Wage Advances, Wage Deductions	See All Updates »
Gloria Li	Pilot Development of Cross-border RMB Loans in Qianhai District The first batch of cross-border RMB loan agreements were signed on January 28, 2013. A total of 15 lenders, including HSBC Holding Plc and Industrial & Commercial Banks of China (Asia) Ltd., will provide about RMB 2 billion…more China, Cross-Border Transactions, Lenders, RMB Loans	See All Updates »
Yueting Liang	NASDAQ Listed-Issuers Subject to New Rules Relating to Disclosure of Non-compliance with Listing Standards Certain NASDAQ rules and interpretive material relating to the disclosure requirements surrounding a listed issuer’s non-compliance with the NASDAQ’s listing standards were amended effective December 3, 2012. Under the amended…more Listing Standards, Nasdaq	See All Updates »
Lauren Liebes	Internal Revenue Service Concludes that Fideicomiso or Mexican Land Trusts are not "Trusts" for United States Tax Purposes On June 6, 2013, the Internal Revenue Service issued Revenue Ruling 2013-14, which concludes that a Fideicomiso or a Mexican Land Trust (MLT) is not taxed as a “trust” for U.S. income tax purposes. While most practitioners have…more	See All Updates »
Christopher Loveland	Common Sense Prevails Once Again: District Court FCA Ruling Serves As Reminder That Whistleblowers Need to Prove Recklessness Too While multi-million dollar False Claims Act (FCA) settlements paid by Government contractors get the lion’s share of the press, those with an attentive eye will have noticed a recent steady stream of more “contractor friendly”…more Contractors, Discovery, False Claims Act, Summary Judgment, Whistleblowers	See All Updates »
Dawn Lurie	Filling out the Form I-9 for TPS beneficiaries: Work Permits extended for El Salvadorians For companies whose workforce may include individuals with TPS from El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria, it is critical to be familiar with the work authorization benefits of TPS to…more Employment Authorization Document, I-9, Penalties, Temporary Protected Status, USCIS	See All Updates »
Scott Maberry	A Rising Voice on FCPA Compliance: The Court One FCPA compliance topic we are often asked about by clients is how government investigations start. The U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have developed a number of mechanisms…more Compliance, DOJ, FCPA, IBM, Investigations	See All Updates »
Robert Magielnicki	Higher Filing Thresholds for HSR Act Premerger Notifications Effective February 11, 2013 Higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 became effective on February 11, 2013. The filing thresholds are revised annually, based on the change in gross national…more FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Premerger Notifications, Size of Persons Test	See All Updates »
Seth Mailhot	Cybersecurity: FDA Risks for Medical Devices On Thursday, June 13, 2013, the U.S. Food and Drug Administration (“FDA”) released a draft guidance on measures to help ensure the cybersecurity of medical devices…more Cybersecurity, DHS, FDA, HIPAA, HITECH	See All Updates »
Gabriel Matus	U.S. Court of Appeals (2nd Circuit) Orders Argentina To Submit Proposal For Alternative Payment Plan To Avoid Debt Default... Again On March 1, 2013, the U.S. Court of Appeals for the Second Circuit ordered Argentina to submit its proposal for the terms on which it is prepared to make payment on approximately $1.3 billion of unpaid debt obligations stemming…more Bonds, Default, NML Capital Ltd, Vulture Fund	See All Updates »
Thad McBride	Census Changes Foreign Trade Regulations: New Filing Requirements On Thursday, March 14, the Census Bureau published a final rule (available here) implementing changes to the Foreign Trade Regulations (FTR), 15 C.F.R. Part 30. The final rule includes long-awaited revisions to the…more Automated Export System, Census Bureau, Exports, Foreign Trade Regulations, Imports	See All Updates »
Amy McEvoy	Considerations For International Clients Who Intend to Buy A Home In the U.S. International buyers invested $82.5 billion in U.S. residential real estate (4.8% of total U.S. sales) according to the most recent survey conducted by the National Association of Realtors for the 12 month period ending with…more Estate Tax, International Investments, Real Estate Market	See All Updates »
James L. McGinnis	Latest LCD Criminal Conviction - Stephen Leung Of AUO Convicted On Retrial After a 3-week trial and less than 24 hours of deliberation, a federal jury in San Francisco convicted Mr. Stephen Leung of AUO of one felony count of price-fixing in violation of Section 1 of the Sherman Act. He was charged…more Criminal Prosecution, DOJ, Felonies, Price-Fixing, Sherman Act	See All Updates »
Mark McGrath	Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal jurisdiction on the grounds…more HSBC, Money Transfer, Personal Jurisdiction	See All Updates »
Adam McNeile	Student Loans: Nondischargeability Questioned in Seventh Circuit and Beyond Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly excepts student loans from discharge, unless the exception of such indebtedness…more Dischargeable Debts, Loans, Proposed Legislation, Student Loans	See All Updates »
Reed Mercado	Lenders Beware -- California decision may ignite next wave of lender liability litigation In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a…more Borrowers, Default, Lender Liability, Lenders, Loan Modifications	See All Updates »
Alex Merritt	Utility Pole Not A Point Source Under The Clean Water Act Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act…more Clean Water Act, NPDES, Point Sources, RCRA, Utility Poles	See All Updates »
Paul Metzger	Final Section 336(e) Regulations Allow Step-Up in Asset Tax Basis in Certain Stock Acquisitions Final regulations were issued last month under IRC Section 336(e). These regulations present beneficial planning opportunities in certain circumstances…more Final Rules, LLC, S-Corporation, Shareholders, Stocks	See All Updates »
Lynsey Mitchell	CMS Announces Participants in Bundled Payments for Care Improvement Initiative The Centers for Medicare & Medicaid Services (CMS) recently announced that over 500 organizations will begin participating in the Bundled Payments for Care Improvement initiative. The large number of participating organizations…more ACOs, Bundled Payments, CMS, Medicaid, Medicare	See All Updates »
Dorna Moini	Cyberattacks a mounting challenge for employers In a recent panel discussion, one of the speakers was a so-called "ethical hacker" - a hacker-turned-protector of employers' confidential information. As someone at the forefront of cyberattacks, the ethical hacker's opinion was…more Cyber Attacks, Cybersecurity, Data Protection, Hackers, Notice Requirements	See All Updates »
Alejandro E. Moreno	California Court of Appeal Recognizes That Wide Discretion Granted to a Board of Directors Under the Business Judgment Rule May Be Tempered By a Corporation's Private Contractual Obligations to Its Shareholders/Members In Scheenstra v. California Dairies, Inc., No. F062768, ___ Cal. Rptr. 3d ___, 2013 WL 363148 (Cal. App. 5th Dist. Jan. 30, 2013), the California Court of Appeal, Fifth District, affirmed the judgment of the California Superior…more Board of Directors, Breach of Contract, Business Judgment Rule, Dairy Farmers, Fiduciary Duty	See All Updates »
Anthony Moshirnia	Siemens Whistleblower Complaint Underscores Need for "Top-Down" Anti-Corruption Compliance In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of foreign officials for the purpose of obtaining or retaining business. That…more Anti-Corruption, Bribery, Compliance, Due Diligence, FCPA	See All Updates »
Jonathan Moss	Second Circuit Reverses Class Certification Order, Holding That a Clearing Broker's Alleged Knowledge of Fraud Against Shareholders, Absence Direct Involvement, Is Insufficient to Create a Duty of Disclosure In Levitt v. J.P. Morgan Securities, Inc., No. 10-4596, 2013 WL 1007678 (2d Cir. Mar. 15, 2013), the United States Court of Appeals for the Second Circuit reversed a district court order certifying a class of shareholder fraud…more Bear Sterns, Brokers, Class Action, Class Certification, Disclosure Requirements	See All Updates »
Brian Murphy	Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case On May 29, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A., Case No. 12-2832, reversing the Eastern District of New York’s…more Class Action, Class Certification, Comcast v. Behrend, Dukes v Wal-Mart, Exempt-Employees	See All Updates »
Amrita Nangiana	Delaware and California Courts Split as to Whether a Reverse Triangular Merger Results In an Assignment By Operation of Law, Creating Potential Pitfalls for Delaware and Other Foreign Corporations Located in California In Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP, 2013 WL 911118 (Del. Ch. Feb. 22, 2013, rev. Mar. 8, 2013), the Delaware Court of Chancery held that a reverse triangular merger does not result in an…more Assignments, Foreign Corporations, Internal Affairs Doctrine, Reverse Triangular Mergers, Third-Party	See All Updates »
Thomas Nevins	California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business Through Unlawful Means For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated regularly. In Law…more Unfair Competition	See All Updates »
Eugene Ngai	CMS Announces Participants in Bundled Payments for Care Improvement Initiative The Centers for Medicare & Medicaid Services (CMS) recently announced that over 500 organizations will begin participating in the Bundled Payments for Care Improvement initiative. The large number of participating organizations…more ACOs, Bundled Payments, CMS, Medicaid, Medicare	See All Updates »
Marlene Nicolas	Is Your Criminal Screening Process Compliant? An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace…more Ban the Box, Criminal Background Checks, Discrimination, EEOC, FCRA	See All Updates »
Cheryl Palmeri	Line in the Sand: Siemens Argentina Case Limits Personal Jurisdiction Under the FCPA A New York federal district court judge has dismissed a Foreign Corrupt Practices Act (“FCPA”) claim against a former executive of Siemens, S.A. Argentina and Siemens Transportation Systems for lack of personal jurisdiction. …more DOJ, FCPA, Minimum Contacts, Personal Jurisdiction, SEC	See All Updates »
Shannon Petersen	New FCC Interpretation Of "Express Consent" To Increase TCPA Class Action Liability Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using…more Class Action, Consent, FCC, TCPA, Written Consent	See All Updates »
Kevin Puvalowski	Keep Sticking to the Four Corners - Extrinsic Evidence of Parties' Prior Conduct Cannot Alter the Interpretation of an Unambiguous Contract In BDCM Fund Advisor, L.L.C. v. Zenni, No. 602116/08 (N.Y. Sup. Ct. Nov. 15, 2012), Judge Eileen Bransten granted a motion for partial summary judgment for the defendants/counterclaim-plaintiffs, James J. Zenni (“Zenni”) and his…more BDCM Fund Advisor, Black Diamond Capital Holdings, Contract Interpretation, Membership Interest Redemption Agreement	See All Updates »
Mark Rackers	California Homeowner Bill of Rights: A New Mortgage Law For The New Year The California Homeowner Bill of Rights (“HBR”) goes into effect on January 1, 2013. The HBR revamps California’s non-judicial foreclosure statutes granting borrowers additional rights. It was designed to correct perceived…more Foreclosure, Homeowner Bill of Rights, Mortgages	See All Updates »
Tina Rad	Is Your Criminal Screening Process Compliant? An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace…more Ban the Box, Criminal Background Checks, Discrimination, EEOC, FCRA	See All Updates »
Eric Raphan	Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor…more FLSA, Gap Time, Minimum Wage, Over-Time, Pleading Standards	See All Updates »
Bora Rawcliffe	Pfizer FCPA Settlement Emphasizes the Importance of Robust Compliance Programs for the Healthcare Industry The healthcare industry has been under increased SEC and DOJ scrutiny lately for potential FCPA violations. What has been described as an “industry sweep,” has focused primarily on medical device and pharmaceutical companies…more Compliance, DOJ, Due Diligence, FCPA, Foreign Official	See All Updates »
Jeffrey Rector	Can California Cap and Trade if Brussels Stumbles? Last week, the European Parliament rejected a proposal to reduce the quantity of greenhouse gas (GHG) emissions allowances in order to fix a supply-demand imbalance in the European Union Emissions Trading System (EU ETS). Some…more Cap-and-Trade, EU, EU ETS, Greenhouse Gas Emissions	See All Updates »
Jennifer Redmond	Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms In McDaniel v. Wells Fargo Investments, LLC, Nos. 11-17017, 11-55859, 11-55943, 11-55958, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class…more Broker-Dealer, Brokers, Coerced Patronage, Insider Trading, Preemption	See All Updates »
Peter Reichertz	FDA Issues Two Proposed Rules That Will Significantly Change Regulatory Requirements For Food Safety The FDA Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, proposes the most sweeping reform of U.S. food safety laws in more than 70 years. As part of the changes introduced…more FDA, Food Manufacturers, Food Safety, FSMA, Safety Precautions	See All Updates »
Matthew Richardson	Final Section 336(e) Regulations Allow Step-Up in Asset Tax Basis in Certain Stock Acquisitions Final regulations were issued last month under IRC Section 336(e). These regulations present beneficial planning opportunities in certain circumstances…more Final Rules, LLC, S-Corporation, Shareholders, Stocks	See All Updates »
Matthew Riemer	Census Changes Foreign Trade Regulations: New Filing Requirements On Thursday, March 14, the Census Bureau published a final rule (available here) implementing changes to the Foreign Trade Regulations (FTR), 15 C.F.R. Part 30. The final rule includes long-awaited revisions to the…more Automated Export System, Census Bureau, Exports, Foreign Trade Regulations, Imports	See All Updates »
Catherine Risoleo	Filling out the Form I-9 for TPS beneficiaries: Work Permits extended for El Salvadorians For companies whose workforce may include individuals with TPS from El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria, it is critical to be familiar with the work authorization benefits of TPS to…more Employment Authorization Document, I-9, Penalties, Temporary Protected Status, USCIS	See All Updates »
Kevin Rooney	Fourth Quarter 2012 We are pleased to make available to you our quarterly update on dealmaking market trends and legal developments for Fourth Quarter 2012…more Capital Markets, Fundraisers, Nasdaq, NYSE, Private Equity	See All Updates »
Robert Rose	District Court Grants Motion to Compel Against SEC, Holding that "Facts" Are Not Work Product In SEC Confidential Witness Interviews In a recent Securities & Exchange Commission (“SEC”) investigation, the SEC interviewed three persons who had proffer agreements with the SEC and United States Attorney. In a subsequent SEC enforcement action, a defendant served…more Confidential Witnesses, Motion to Compel, SEC, Work Product Privilege	See All Updates »
James Rusk	Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation, the…more Clean Water Act, Discharge of Pollutants, Los Angeles County Flood Control District, NPDES, Permits	See All Updates »
Bridget Russel	Ninth Circuit Applies Securities Litigation Uniform Standards Act to Affirm Dismissal of Section 17200 Class Action Involving Variable Life Insurance Policies In Freeman Investments, LP v. Pacific Life Insurance Co., No. 09-55513, 2013 WL 11884 (9th Cir. Jan 2, 2013), the United States Court of Appeals for the Ninth Circuit held that the Securities Litigation Uniform Standards Act of…more Breach of Contract, Class Action, Life Insurance, Misrepresentation, Omissions	See All Updates »
Robert Sahyan	The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the…more Advances, Debt	See All Updates »
David Sands	Delaware and California Courts Split as to Whether a Reverse Triangular Merger Results In an Assignment By Operation of Law, Creating Potential Pitfalls for Delaware and Other Foreign Corporations Located in California In Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP, 2013 WL 911118 (Del. Ch. Feb. 22, 2013, rev. Mar. 8, 2013), the Delaware Court of Chancery held that a reverse triangular merger does not result in an…more Assignments, Foreign Corporations, Internal Affairs Doctrine, Reverse Triangular Mergers, Third-Party	See All Updates »
Jason Schendel	New IRS Regulations Regarding Noncompensatory Partnership Options Effective Immediately On February 4th, the IRS issued final and further proposed regulations regarding noncompensatory partnership options, effective immediately. Overview - A “noncompensatory partnership option” is any contractual right…more Convertabile Equity, IRS, Non-Compensatory Partnership Options	See All Updates »
Gregory C. Schick	Changes in the Wind for Rule 10b5-1 Trading Plans? On December 28, 2012, the Council of Institutional Investors (CII) submitted a letter to the Securities and Exchange Commission (SEC) requesting that the SEC implement rulemaking to impose new requirements with respect to Rule…more 10b5-1 Plans, CII, Enforcement Actions, Insider Trading, SEC	See All Updates »
Valentina Shenderovich	First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For Discovery Violations In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried, J.)…more Default Judgment, Discovery, Document Requests, Evidence, Sanctions	See All Updates »
W. Bruce Shirk	Health Benefit Exchanges: False Claims Gold Mines? Overview - The Affordable Care Act enables the establishment of Health Benefit Exchanges of several types, including (i) State-based, (ii) State-Federal partnerships and (iii) Federally Facilitated Exchanges. The purpose of…more	See All Updates »
Barbara Shreero	The Stockton Saga Continues: Untouchable Pensions on the Chopping Block? Judge Christopher M. Klein's decision to accept the City of Stockton's petition for bankruptcy on April 1, 2013 set the stage for a battle over whether public workers' pensions can be reduced through municipal reorganization…more	See All Updates »
Carren Shulman	Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a very…more Chapter 11, Creditors, Debtors, Sovereign Immunity, Tribal Corporations	See All Updates »
Martin Smith	What Employers Need to Know About Healthcare Reform for 2013 As the end of 2012 approaches, we consider what a notable year it has been for the future of healthcare reform, starting with the United States Supreme Court’s decision to uphold key provisions of the Patient Protection and…more Affordable Care Act, Employer Group Health Plans, Flexible Spending Accounts, Health Insurance, Health Insurance Exchanges	See All Updates »
Jonathan Sokolowsi	Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case On May 29, 2013, the United States Court of Appeals for the Second Circuit issued its opinion in Cuevas v. Citizens Financial Group, Inc. and RBS Citizens, N.A., Case No. 12-2832, reversing the Eastern District of New York’s…more Class Action, Class Certification, Comcast v. Behrend, Dukes v Wal-Mart, Exempt-Employees	See All Updates »
Mona Solouki	In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies Involving Standard Essential Patents On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google,[1] under which Google is generally banned from seeking injunctions on its F/RAND[2] -encumbered standard…more DOJ, Exclusion Orders, FRAND, Google, Injunctions	See All Updates »
John Stigi	Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants' State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933 In Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v. Omnicare, Inc., 2013 WL 2248970 (6th Cir. May 23, 2013), the United States Court of Appeals for the Sixth Circuit held that a claim alleging…more Class Action, Material Misstatements, Omnicare, Pharmaceutical, Section 11	See All Updates »
Robert Surgeon	Knowingly Underbidding For Government Contract May Lead to False Claims Liability Contractors usually assume that the statutory prohibition on submitting “false claims” refers to inflated invoices, phony change order costs, and the like. However the courts are giving the relevant statutes a broader meaning…more Bids, False Claims Act, Fraudulent Inducement	See All Updates »
Douglas Svor	FCC Considers Proposal To Lift 25% Cap On Indirect Foreign Investment In Broadcast Licensees In August 2012, the Coalition for Broadcast Investment (“CBI”), a group comprising national broadcast networks, radio and television station licensees, and community and consumer organizations, filed a letter with the FCC…more Broadcasting, FCC, Foreign Investment, Licenses, Radio Stations	See All Updates »
Christine Swanick	Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a very…more Chapter 11, Creditors, Debtors, Sovereign Immunity, Tribal Corporations	See All Updates »
Evan Sypek	The Libor Scandal: What's Next? The London Interbank Offered Rate (Libor) is calculated daily by the British Banking Association (BBA) and published by Thomson Reuters. The rates are calculated by surveying the interbank borrowing costs of a panel of banks and…more Barclays, Due Diligence, EU, IOSCO, Libor	See All Updates »
Barbara Taylor	Navigating the Provider Self-Disclosure Protocol Providers can voluntarily disclose potential fraud with respect to Federal health care programs — Medicare, Medicaid, and potentially private insurers to the extent Federal or state funds are involved — by following the Provider…more Disclosure Requirements, DOJ, False Claims Act, Fraud, HHS	See All Updates »
Raphaela Taylor	Delaware Court Provides Critical Guidance as to the Commercial Reasonableness of a UCC Article 9 Foreclosure Sale Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower’s default. Article 9, Part 6 of the Uniform Commercial Code requires that every aspect of such a sale must be commercially…more Auction, Borrowers, Buyers, Default, Foreclosure	See All Updates »
Olivier F. Theard	What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction The landmark Global Warming Solutions Act of 2006 (“AB 32”) tasked the California Air Resources Board (“ARB”) with reducing greenhouse gas (“GHG”) emissions to 1990 levels by 2020. In adopting a scoping plan assembling a number…more Cap-and-Trade, CARB, GHG Auction, Greenhouse Gas Emissions	See All Updates »
John Tishler	SEC Freezes Assets and Brings Civil Charges against EB-5 Investor Visa Project In the first SEC enforcement action of its kind, the SEC announced on February 8, 2013 that it had filed civil charges against, and received an emergency order to freeze assets of, the Intercontinental Regional Center Trust of…more Due Diligence, EB-5, Foreign Investment, Immigrant Investment Visas, Injunctions	See All Updates »
Mathew Troughton	New Court Decision Clarifies Mechanic's Lien Valuation Statute The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant was…more Contract Price, Mechanics Lien, Valuation	See All Updates »
Franklin Turner	Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To Subcontracts On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of Pittsburgh…more Affirmative Action, Contract Interpretation, DOL, Healthcare, HMOs	See All Updates »
Robert Uram	Utility Pole Not A Point Source Under The Clean Water Act Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act…more Clean Water Act, NPDES, Point Sources, RCRA, Utility Poles	See All Updates »
Louis Victorino	What Does 2013 Have In Store for Government Contractors and Their Lawyers? Originally published in the San Diego Business Journal on January 21-27. It has been noted, the more things change, the more they stay the same. In the world of Government Contracts Law, however, the more things change, the…more Anti-Contractor Bias, Bid Protests, Competition, Compliance, Enforcement	See All Updates »
Randy Visser	What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction The landmark Global Warming Solutions Act of 2006 (“AB 32”) tasked the California Air Resources Board (“ARB”) with reducing greenhouse gas (“GHG”) emissions to 1990 levels by 2020. In adopting a scoping plan assembling a number…more Cap-and-Trade, CARB, GHG Auction, Greenhouse Gas Emissions	See All Updates »
Wilda Wahpepah	Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a very…more Chapter 11, Creditors, Debtors, Sovereign Immunity, Tribal Corporations	See All Updates »
Brian Weimer	FCC Considers Proposal To Lift 25% Cap On Indirect Foreign Investment In Broadcast Licensees In August 2012, the Coalition for Broadcast Investment (“CBI”), a group comprising national broadcast networks, radio and television station licensees, and community and consumer organizations, filed a letter with the FCC…more Broadcasting, FCC, Foreign Investment, Licenses, Radio Stations	See All Updates »
Pamela Westhoff	What Makes A Lease "Enforceable" - What You Need to Know Leases are often not given the same attention as other types of contracts with respect to issues of corporate authority and enforceability. Proof of authority is often an issue in the context of leases and related documents…more Documentation, Enforcement, Landlords, Leases, Signatures	See All Updates »
Reid Whitten	$8 Million Penalty for Weak ITAR Compliance: How the Price of Maintenance Beats the Cost of Repair On April, 30, 2013, Raytheon Company, a major military electronics and weapons manufacturer, agreed with the U.S. Department of State to pay $8 million in civil penalties and remedial expenditures to settle alleged violations of…more Compliance, DTCC, ITAR, Maintenance, Penalties	See All Updates »
Blanka Wolfe	The Seventh Circuit Expands Scope of Absolute Priority Rule to Protect Creditors In a recent decision, In re Castleton Plaza, LP, 2013 WL 537269 *1 (Feb. 14, 2013), the Seventh Circuit held that the absolute priority rule – which requires that creditors be paid in full before equity holders receive anything…more Absolute Priority Rule, Creditors, Debtors, Reorganizations	See All Updates »
Sharon Xu	Supreme People Court's Interpretation on Employment Law Issues Employers need be aware of a recent interpretation issued by the PRC Supreme Court which clarifies a number of employment issues related to service year, non-competition, amendment to employment contract and employment…more China, Employee Transfers, Employment Contract, Foreign Workers, Non-Compete Agreements	See All Updates »
Kenneth Yood	CMS Announces Participants in Bundled Payments for Care Improvement Initiative The Centers for Medicare & Medicaid Services (CMS) recently announced that over 500 organizations will begin participating in the Bundled Payments for Care Improvement initiative. The large number of participating organizations…more ACOs, Bundled Payments, CMS, Medicaid, Medicare	See All Updates »
Kristy Young	Lenders Beware - Oral Statements may Trump Written Agreements The California Supreme Court recently held that a borrower may rely upon oral promises to support a fraud claim against its lender even when such oral promises contradict the written agreement…more Fraud, Integration Clauses, Lenders, Oral Contracts, Parol Evidence	See All Updates »
Aleah Yung	CMS Announces Participants in Bundled Payments for Care Improvement Initiative The Centers for Medicare & Medicaid Services (CMS) recently announced that over 500 organizations will begin participating in the Bundled Payments for Care Improvement initiative. The large number of participating organizations…more ACOs, Bundled Payments, CMS, Medicaid, Medicare	See All Updates »
Ling Zhang	"Actually, Someone Knows You are a Dog"-- the Chinese Regulation Efforts on Private Data Protection Do you have privacy in the era of information? "On the Internet, nobody knows you're a dog." First published in The New Yorker on July 5, 1993, this widely known and recognized saying has been quoted many times to…more China, Data Collection, Data Protection, Personally Identifiable Information	See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.