Sheppard Mullin Richter & Hampton LLP

Second Circuit Limits “Tippee” Insider Trading Liability

In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013 convictions of Anthony Chiasson and Todd Newman on charges of conspiracy to commit…more

Illegal Tipping, Insider Trading, Material Nonpublic Information, Personal Benefit, SEC

See All Updates »

U.S. Supreme Court Holds California Court of Appeal’s Interpretation of Arbitration Clause Preempted by FAA

In DirecTV v. Imburgia, No. 14-462, 2015 U.S. LEXIS 7999 (December 14, 2015) the United States Supreme Court reversed a California Court of Appeal decision interpreting, and invalidating, an arbitration clause containing a class…more

Arbitration Agreements, AT&T Mobility v Concepcion, Class Action Arbitration Waivers, DirecTV, DirecTV v Imburgia

See All Updates »

Fiduciary Duties in the Context of Dent v. Ramtron Int’l Corp.

The Delaware Court of Chancery recently addressed a number of claims commonly made in the “ubiquitous” stockholder litigation that follows announcement of a public merger or acquisition transaction. In Dent v. Ramtron Int’l…more

Acquisitions, Breach of Duty, Fiduciary Duty, Mergers, Shareholder Litigation

See All Updates »

FTC Proposes Consent Order to Settle Charges Alleging Misrepresentations by Patent Assertion Entity

On November 6, 2014, the Federal Trade Commission proposed a consent order that would settle charges against a patent assertion entity, MPHJ Technology Investments, LLC (“MPHJ”), and a law firm that represented MPHJ…more

Consent Order, FTC, Patent Infringement, Patent Litigation, Patent Trolls

See All Updates »

EU-US Privacy Shield: Still Awaiting Certainty

Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender Equality Vera Jourová on Tuesday 2 February 2016 that a political agreement had…more

Article 29 Working Party (WP29), CJEU, EU, EU-US Privacy Shield, International Data Transfers

See All Updates »

Trails-to-Rails-to-?: The Brandt Case and its Potential Impact on the Nation’s Trails

A recent Supreme Court case may have a far-reaching impact on many of the United States’ “rails-to-trails” biking and jogging paths. In March, the Supreme Court held in an 8-1 decision that rights of way granted to railroad…more

Brandt Irrevocable Trust v Us, Easements, Railroads, SCOTUS, Takings

See All Updates »

EB-5 Questions and Answers Series – What is the EB-5 Program?

Also known as “EB-5,” the Immigrant Investor Program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under the pilot immigration program, first…more

EB-5, Foreign Investment, Green Cards, Immigrants, Investors

See All Updates »

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’ attorneys…more

Gambling, Gaming, Mobile Apps, Social Media

See All Updates »

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became…more

Athletes, Electronic Arts, First Amendment, NCAA, Right of Publicity

See All Updates »

Terrorism Risk Insurance Act Set to Expire at Year End

The Terrorism Risk Insurance Act (TRIA) now appears set to expire as of December 31, 2014, barring further action from Congress.  The Terrorism Risk Insurance Program Reauthorization Act of 2014[1] would have extended the…more

Legislative Agendas, Terrorism Insurance, TRIA

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Oct. 22nd, San Diego, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

Employer Liability Issues, Employment Contract, Events, Hiring & Firing, Independent Contractors

See All Updates »

California Enacts New Law Mandating Paid Sick Leave for Employees

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of paid…more

Employee Rights, Employer Liability Issues, New Legislation, Paid Leave, Recordkeeping Requirements

See All Updates »

The Commercial Decision Reviews Arbitrations: Three Recent Decisions Clarify Standards For Actions Brought Pursuant To Article 75 of the CPLR

Several recent decisions by Commercial Division Justices, two of them affirmed by the First Department, have clarified the limitations and standards applied in actions brought pursuant to Article 75 of the CPLR. Article 75…more

Arbitration, CPLR

See All Updates »

[Event] Labor & Employment Breakfast Briefing - Sept. 10th, Chicago, IL

Sheppard Mullin invites you to the second in a series of breakfast briefings in our Chicago office addressing domestic and global employment law developments, legislation, and trends affecting the workplace. Each briefing…more

ADA, Continuing Legal Education, Employer Liability Issues, Events, FMLA

See All Updates »

Delaware Supreme Court Holds That a Minority Stockholder Has No Common Law Right to a Conflict-Free Board Decision Regarding the Repurchase of Shares

In Blaustein v. Lord Baltimore Capital Corp., No. 272, 2013, 2014 Del. LEXIS 30 (Del. Jan. 21, 2014), the Delaware Supreme Court held that a closely-held corporation’s directors owe no fiduciary duty to decide, free from…more

Covenant of Good Faith and Fair Dealing, Good Faith, Minority Shareholders, Repurchases, Shareholders' Agreements

See All Updates »

As GSA FAS Struggles To Reinvent Itself; Contractors Suffer

The last year has been a tough one for the GSA Multiple Award Schedules (“MAS”) program. The Federal Acquisition Service (“FAS”) – the agency charged with administering the MAS program – has struggled to re-invent itself and…more

Federal Acquisition Regulations (FAR), Federal Contractors, GSA, Multiple Award Contracts, OIG

See All Updates »

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, Proxy Season, Retail Market, SEC, Shareholder Votes

See All Updates »

Versata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings

In a recent decision, Versata Software, Inc. v. Callidus Software, Inc., No. 2014-1468 (Fed. Cir. Nov. 20, 2014), the Federal Circuit ordered the District of Delaware to stay district court litigation pending a covered business…more

America Invents Act, Covered Business Method Proceedings, Motion To Stay, Patent Infringement, Patents

See All Updates »

Will The FTC Issue Native Advertising Guidelines in 2015?

As we previously reported last year, native advertisements represent an increasingly popular and effective means of promotion for marketers that also presents a major challenge for the Federal Trade Commission (“FTC”), an…more

Advertising, FTC, Native Advertising, Online Advertisements, Technical Conference

See All Updates »

What’s New Out There? Highlights from the April 2014 Federal Register

This month’s Federal Register Updates include four important changes that will impact the day-to-day activities of Government Contractors and Agencies alike. The first, a final DFARS rule on Performance-Based Payments, provides…more

Barack Obama, Conflicts of Interest, DFARS, Equal Pay, Executive Orders

See All Updates »

Second Circuit Holds That SIPA Does Not Permit an Inflation or Interest Adjustment to “Net Equity” Claims For Customer Property

In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for the Second Circuit held that no adjustment for inflation or interest could be…more

Appeals, Bernie Madoff, Inflation Adjustments, SIPA

See All Updates »

[Webinar] What Happens if You Get Sued? Litigation Basics - Dec. 17th, 12:00pm PST

When your company gets sued, what steps should you take immediately and what do you need to be concerned about in the first 30 days of the case? Although cases take a long time to get to trial (and most never make it that far),…more

Emerging Growth Companies, Entrepreneurs, Litigation Strategies, Startups, Webinars

See All Updates »

Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases

On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge…more

Antitrust Litigation, Motorola, Price-Fixing

See All Updates »

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 »

The FTC Continues Its Focus on the Mobile Arena

The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena. Early last year, the FTC issued several staff reports…more

Apple, COPPA, FTC, Gaming, Mobile Apps

See All Updates »

Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either

California Governor Jerry Brown recently signed into law S.B. 568, the first bill of its kind in the nation. S.B. 568 enacts two new statutes under the title “Privacy Rights for California Minors in the Digital World.” The…more

Advertising, Children's Products, COPPA, Minors

See All Updates »

OIG Investigations (Without Subpoena Bells and Whistles) Coming to a Program Near You

The Inspector General Act of 1978 aimed to “consolidate existing auditing and investigative resources to more effectively combat fraud, abuse, waste and mismanagement in the programs and operations of [the executive branch].” To…more

Compliance, Department of Defense (DOD), Enforcement, Fraud, Investigations

See All Updates »

Ninth Circuit Severely Limits “Rogue Employee” Exception for Corporations in Securities Fraud Cases

In an issue of first impression, the Ninth Circuit Court of Appeals recently held that a rogue corporate officer’s fraudulent intent can be imputed to a corporation even where the defrauding officer acted against the…more

Appeals, Corporate Counsel, Corporate Liability, Corporate Officers, Imputed Knowledge

See All Updates »

Indiana Wins Federal Approval to Expand Medicaid Coverage Under Obamacare

Republican Indiana Gov. Mike Pence announced on Tuesday that an agreement had been reached on the state’s Medicaid expansion proposal submitted in July. As many as 350,000 people could gain coverage under the federal health law…more

Affordable Care Act, Health Insurance, Healthcare, Healthcare Reform, Legislative Agendas

See All Updates »

Congress Passes Passport Revocation Bill Aimed At Large Tax Debtors

On December 4, 2015, the President signed into law HR 22, which requires the IRS to notify the State Department of any U.S. citizen who owes more than $50,000 in federal taxes. The State Department is then directed to revoke the…more

Federal Taxes, IRS, New Regulations, Passports, US Department of State

See All Updates »

NLRB Broadens its Test for Determining Joint-Employer Status

On August 27, 2015, the National Labor Relations Board (“NLRB”) issued its highly anticipated decision in Browning-Ferris Indus. of California, et al v. Sanitary Truck Drivers, 362 NLRB No. 186. In deciding to “revisit and…more

Browning-Ferris Industries of California Inc., Franchisee, Franchisors, Joint Employers, Labor Code

See All Updates »

Communications Compliance: Are Messaging Applications Leaving Your Organization Vulnerable to HIPAA Liability?

Messaging applications are popular tools to facilitate communication and workflow in healthcare settings—increasingly so as smart phones, tablets and other mobile mediums continue to penetrate the market. Organizations relying…more

Commercial Electronic Messages, Health Care Providers, Healthcare, HIPAA, Popular

See All Updates »

Government Forces Awaken: The Rise of Cyber Regulators in 2016

As the sun sets on 2015, but before it rises again in the New Year, we predict that, in the realm of cyber and data security, 2016 will become known as the “Rise of the Regulators.” Regulators across numerous industries and…more

CFPB, Cybersecurity, Data Protection, Department of Defense (DOD), DOE

See All Updates »

New Jersey Congressman Questions Legality of Daily Fantasy Sports

There is something to be said for keeping a low profile. Apparently, daily fantasy sports companies DraftKings and FanDuel are not fans of the idiom, as viewers that tuned in to week 1 action of the NFL were inundated with…more

Fantasy Sports, Gambling, Internet Gambling, NFL, Sports Gambling

See All Updates »

Viability of certain Internet and software patents reconfirmed in DDR Holdings, LLC v. Hotels.com

DDR Holdings, LLC v. Hotels.com, L.P., Appeal No. 2013-1505 (Fed. Cir. Dec. 5, 2014) For those following the law of patent eligibility in the United States, a December 5, 2014 precedential decision by the Court of Appeals…more

Hotels.com, Internet, Patent Litigation, Patent-Eligible Subject Matter, Patents

See All Updates »

Preexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption

A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA…more

CEQA, Environmental Claims, Environmental Liability, Environmental Policies

See All Updates »

[Event] Breakfast With Your Finance & Bankruptcy Lawyers: The Risks and Rewards of Financings in Europe - May 13, New York, NY

This breakfast session is jointly presented by Sheppard Mullin and Bird & Bird LLP, and will look at the key issues to consider when structuring financings involving European counterparties and examine whether there are real…more

Banking Sector, Banks, Commercial Bankruptcy, Continuing Legal Education, Corporate Taxes

See All Updates »

Supreme Court Update – Hana Financial v. Hana Bank

Sheppard Mullin’s intellectual property group prevailed before the United States Supreme Court in the trademark matter entitled Hana Financial v. Hana Bank.  574 U.S. ___ (2015).  Justice Sotomayor, writing for a unanimous…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See All Updates »

Forward to The Past: NYSE Returns to Regulation

Everything old is new again. On January 1, 2016, the New York Stock Exchange (“NYSE”) – now owned by Intercontinental Exchange, Inc. – will be taking back some of the regulatory responsibilities it yielded to the Financial…more

FINRA, NASD, NYSE, Regulatory Agencies, SEC

See All Updates »

Warren Distribution, Inc. v. Royal Purple, LLC – What’s in a Name?

In this matter, the Trademark Trial and Appeal Board dismissed an opposition without prejudice in this precedential opinion because the party that filed the opposition was different from the party that sought and obtained an…more

Dismissals, Subject Matter Jurisdiction, Trademark Trial and Appeal Board

See All Updates »

Suspension and Debarment: A New Government Approach

Contractors and government contracts attorneys are likely to see (if they haven’t already) a rise in the number of cases in which individuals, rather than corporate entities, are targeted by government officials for suspension…more

Federal Acquisition Regulations (FAR), Federal Contractors, Imputed Knowledge, Suspensions & Debarments, Yates Memorandum

See All Updates »

Mergers & Acquisitions Insurance - The growing use of rep and warranty protection in M&A transactions

The good news is that you can insure almost anything! In M&A transactions, buyers and sellers spend a great deal of time allocating risk relating to known and unknown pre-closing liabilities. The buyer’s view of the…more

C-Suite Executives, Contract Drafting, Corporate Sales Transactions, Insurance Industry, Purchase Agreement

See All Updates »

Commercial Division Practice Continues to Shift Towards Federal Standards with Four Proposed Rule Changes

The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise…more

Business Court Division, Discovery, Eligibility, Federal Rules of Civil Procedure, Proposed Amendments

See All Updates »

California Court of Appeal Makes It Easier to Add Business Owners to a Judgment

Individuals form limited partnerships, limited liability companies and corporations to limit their personal liability. These legal structures encourage entrepreneurs to take risks. The California Court of Appeal, Second…more

Alter Ego, Business Ownership, Choice of Entity, Limited Liability Companies, Limited Liability Partnerships

See All Updates »

Contractors Beware: An Overly Broad Confidentiality Agreement Could Cost You!

On October 29, 2015, DOD renewed the DFARS deviation implemented in February, which prohibits contracting with entities that require employees or subcontractors to sign internal confidentiality agreements or statements that…more

Confidentiality Agreements, Defense Contracts, DFARS, Federal Contractors, Fraud Abuse and Waste

See All Updates »

Employers Exhale Relief, Governor Vetoes Ban on Employment Arbitration Agreements

On October 11, 2015, Governor Brown vetoed Assembly Bill No. 465. AB 465 was one of the most closely watched, controversial employment related bills passed by the California Legislature in recent memory. Understandably,…more

Arbitration Agreements, Armendariz v Foundation Health, AT&T Mobility v Concepcion, CA Supreme Court, Employment Contract

See All Updates »

Not Taking “Yes” For An Answer: U.S. Supreme Court Rules That Unaccepted Offer Of Complete Individual Relief Does Not Moot Plaintiff’s Individual Or Class Action Claim

On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer of judgment sufficient to…more

Campbell Ewald v Gomez, Mootness, Putative Class Actions, Rule 68, SCOTUS

See All Updates »

Was AdChoices Just Flipped the (Twitter) Bird on Behavioral Targeting?

It appears that users won’t be seeing the blue AdChoices triangle icon on Twitter anytime soon. AdChoices and its blue triangle icon are the work of the Digital Advertising Alliance (a consortium of trade groups) to provide…more

AdChoices Icon, Behavioral Advertising, Digital Advertising Alliance, Facebook, Twitter

See All Updates »

HHS Recognizes Changing Environment of Research: Still Time to Comment

Late last month the Department of Health and Human Services (HHS) and other Federal Departments and Agencies announced an extension until January 6, 2016 to the comment period for the Federal Policy for the Protection of Human…more

Clinical Trials, HHS, Medical Research, NPRM, Scientific Research

See All Updates »

Dang v. San Francisco Forty Niners - Consumers can challenge Reebok's exclusive NFL apparel deal based just on a market of garments bearing NFL team logos

On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D…more

Cartwright Act, Class Action, Fashion Industry, Licensing Rules, Logos

See All Updates »

Implied Waiver of Privilege in Internal Investigations: Barko Court Compels Production of Internal Investigation Documents, Again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation.  The District Court’s decision…more

Attorney-Client Privilege, Corporate Counsel, Document Productions, False Claims Act (FCA), Internal Investigations

See All Updates »

Adopting Thresholds of Significance Under CEQA Not Subject to CEQA Review

In California Building Industry Association v. Bay Area Air Quality Management District (CBIA) (Case No. A135335 (Cal. Ct. App. 1st, August 13, 2013)), the First District Court of Appeal overturned the trial court and held that…more

Air Pollution, CEQA, Environmental Policies, Environmental Review

See All Updates »

Never Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation

“So you are the great lawyer I’ve been told about!  But, you are so young!  I was expecting an old lawyer.” With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let me…more

Compliance, FCPA, Internal Investigations, Interviews, Mexico

See All Updates »

Dry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements

On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and…more

Commercial Contracts, Conservation, Drought, Force Majeure Clause, State of Emergency

See All Updates »

The Changing Landscape for Services Contractors

Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing…more

Employer Liability Issues, Employer Mandates, Executive Orders, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

See All Updates »

Georgia’s Limited Tax Credits for Interactive Entertainment Producers

On April 15,[1] Georgia passed a law[2] amending its tax code to provide a limited tax credit to qualified interactive entertainment companies. The law provides incentives for mid-size game developers who demonstrate sufficient…more

Corporate Taxes, Income Taxes, Interactive Content, Tax Credits

See All Updates »

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 Reform, Patent Term Adjustment, Patents, USPTO

See All Updates »

First Circuit Finds that a Private Equity Fund Can Be Liable for the Pension Obligations of its Portfolio Company

In Sun Capital Partners III, L.P. et al. v. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24, 2013), the First Circuit held that a private equity fund could be liable for its…more

Benefit Plan Sponsors, Employee Benefits, ERISA, Investment Portfolios, Pensions

See All Updates »

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 »

B&B Hardware v. Hargis – U.S. Supreme Court Declares TTAB Findings Can Have Preclusive Effect on Subsequent Federal Court Decisions

On Tuesday, March 24, 2015, the U.S. Supreme Court issued its second decision in substantive trademark law in nearly a decade. B&B Hardware, Inc. v. Hargis Indus., Inc., No. 13-352, slip op. at 22, 575 U.S. __ (2015). Sheppard…more

B&B Hardware v Hargis Industries, De Novo Standard of Review, Issue Preclusion, Likelihood of Confusion, SCOTUS

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Oct. 22nd, San Diego, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

Employer Liability Issues, Employment Contract, Events, Hiring & Firing, Independent Contractors

See All Updates »

Human Trafficking Is Forbidden by Government Contracts. But What Is “Human Trafficking”?

FAR 52.222-50 prohibits “human trafficking.” To quote the current GEICO TV commercials, “Everybody knows that.” But do you know exactly what the FAR prohibits? The answer includes some obvious pernicious acts, but it also covers…more

Corporate Social Responsibility, Federal Acquisition Regulations (FAR), Federal Contractors, Human Trafficking

See All Updates »

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical television…more

Brand, Copyright, Television Commercials, Television Programming, Trademarks

See All Updates »

[Event] Labor & Employment Breakfast Briefing - Sept. 10th, Chicago, IL

Sheppard Mullin invites you to the second in a series of breakfast briefings in our Chicago office addressing domestic and global employment law developments, legislation, and trends affecting the workplace. Each briefing…more

ADA, Continuing Legal Education, Employer Liability Issues, Events, FMLA

See All Updates »

The Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action

In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for…more

Advertising, CAFA, Class Action, False Advertising, Government Entities

See All Updates »

Second Circuit Holds that FLSA Settlements Require Court or Department of Labor Approval

On August 7, 2015, in Dorain Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the United States Court of Appeals for the Second Circuit held that the Fair Labor Standards Act (“FLSA”) is an “applicable…more

Appeals, Dismissal With Prejudice, DOL, Filing Requirements, FLSA

See All Updates »

Supreme Court Holds that Rejected Rule 68 Offer of Judgment Does Not Moot Class Action

On January 20, 2016, the United States Supreme Court rejected a strategy recently used by some defendants to defeat class actions in their infancy. In Campbell-Ewald Co. v. Gomez, No. 14-857 (2016), a majority of the Court held…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Mootness, Rule 68

See All Updates »

The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?

Last week, in Mach Mining, LLC v. EEOC, the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer. In…more

Conciliation, Discrimination, Employer Liability Issues, Judicial Review, Mach Mining v EEOC

See All Updates »

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 »

The California Supreme Court Holds Consumer Class Action Waivers In Arbitration Provisions Are Enforceable Under Federal Law

On August 3, 2015, the California Supreme Court issued its long-awaited arbitration decision in Sanchez v. Valencia Holding Co., LLC, No. B228027. The Court held that the arbitration provision found in a standard form auto…more

Appeals, Arbitration, CA Supreme Court, Car Dealerships, Class Action

See All Updates »

Potential Challenges Associated With California's Revised Uniform Limited Liability Company Act Scheduled to Take Effect on January 1, 2014

On September 21, 2012, S.B. 323, the California Revised Uniform Limited Liability Company Act (known as the RULLCA), was signed into law by Governor Jerry Brown and is scheduled to take effect on January 1, 2014…more

Fiduciary Duty, Jerry Brown, LLC, New Legislation, RULLCA

See All Updates »

Dodd-Frank’s Intersection with the Bankruptcy Code Could Have Significant Impact for Unsecured Creditors

On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. v. Jacob J. Lew, et al. filed briefs with the U.S. Court of Appeals for the District of…more

Bankruptcy Code, Creditors, Dodd-Frank, Standing

See All Updates »

It’s (Not) Academic: Cybersecurity Is a Must for Universities and Academic Medical Centers

Cutting-edge research institutions need cutting-edge cybersecurity to protect their IP and critical personal and financial data. Universities hold vast repositories of valuable information, including student healthcare…more

Cyber Insurance, Cybersecurity, Data Breach, Electronic Medical Records, Innovation

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Oct. 7, Palo Alto, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

Employer Liability Issues, Employment Contract, Events, Hiring & Firing, Independent Contractors

See All Updates »

Initiative to Improve Quality After Discharge: New Caregivers’ Laws

This month Indiana, Illinois, California, Oregon, and New Hampshire join 11 other states with newly effective Care Advise Record Enable (CARE) laws requiring hospitals to give patients the opportunity to designate caregivers to…more

AARP, Caregivers, Consent, Hospitals, Legal Representatives

See All Updates »

Common Pitfalls of Appellate Practice

According to Merriam-Webster, a pitfall is a "danger or problem that is hidden or not obvious at first." If you're a lawyer who specializes in appeals, the "hidden problems" in appellate practice we highlight below are obvious,…more

Appeals

See All Updates »

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, Discovery, Statute of Limitations, Unfair Competition

See All Updates »

Medicare ACO v.3.0—More Risk, More Money?

The Centers for Medicare and Medicaid (CMS) announced on March 10, 2015 that it is adding a new Accountable Care Organization (ACO) model to its cadre of innovative models. Titled the “Next Generation ACO Model,” CMS’ new ACO…more

ACOs, CMS, Healthcare, Medicare Shared Savings Program, Next Generation ACO (NGACO)

See All Updates »

Corporate Internal Investigations: Best Practices

A CEO receives an anonymous call claiming that someone is stealing company trade secrets or that an employee is taking kickbacks from a vendor. A GC gets a call from the HR director who has an employee accusing the company of…more

Corporate Counsel, Human Resources Professionals, Internal Investigations

See All Updates »

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, ISS

See All Updates »

Crime Doesn’t Pay (as much as it used to) – FBI Cracks Down on Trade of Looted Syrian and Iraqi Cultural Artifacts

In support of the international crackdown on the black market trade of looted cultural artifacts, the FBI recently announced that art dealers may be prosecuted for engaging in the trade of stolen Iraqi and Syrian antiquities…more

Art, Art Dealers, Black Market, Criminal Prosecution, Cultural Artifacts

See All Updates »

CMS Proposes Payment Reform/Cap Adjustments

On April 30, 2015, CMS released its FY 2015 Hospice Wage Index, including long anticipated payment reform and some changes to the hospice cap calculation. Comments are due by June 29. Here is an initial summary and analysis…more

CMS, Healthcare, Hospice

See All Updates »

Thirteen Years of the Same Rules and Now Big Proposed Changes to the Regulation of Medicaid Managed Care Plans

On May 25, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published a newly proposed rule that would change the way the agency regulates Medicaid managed care plans, the first regulation of its kind since 2002. …more

CHIP, CHIPRA, CMS, Health Insurance, Healthcare

See All Updates »

Ninth Circuit Blesses Iskanian

On September 28, 2015, the Ninth Circuit Court of Appeals issued a 2-1 decision in the long-awaited case of Sakkab v. Luxottica Retail North America, Inc. (No. 13-55184, D.C. No. 3:12-cv-00436-GPC-KSC) (“Sakkab”). The Court held…more

Appeals, Arbitration Agreements, Federal Arbitration Act, Iskanian, Labor Law Violations

See All Updates »

Second Circuit Limits “Tippee” Insider Trading Liability

In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013 convictions of Anthony Chiasson and Todd Newman on charges of conspiracy to commit…more

Illegal Tipping, Insider Trading, Material Nonpublic Information, Personal Benefit, SEC

See All Updates »

The Increasing Cost of Doing Business in San Francisco: Board of Supervisors Approves Family Friendly Workplace Ordinance

On October 1, 2013, the San Francisco Board of Supervisors approved an ordinance that will give employees the right to request flexible work arrangements to assist with caregiver responsibilities. San Francisco employers will…more

Caregivers, Flexible Work Arrangements

See All Updates »

SEC Brings Charges Against SEC Registered Investment Adviser for Improperly Allocating Expenses and Other Violations of the Investment Advisers Act of 1940 (the “Advisers Act”)

On February 25, 2014 the Securities and Exchange Commission (the “SEC”) filed public administrative and cease-and-desist proceedings against Arizona-based Clean Energy Capital, LLC (a registered investment adviser, “CEC”) and…more

Cease and Desist, Fraud, Investment Adviser, Investment Advisers Act of 1940, SEC

See All Updates »

No Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy

On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act…more

Amount in Controversy, CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity Jurisdiction

See All Updates »

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software Export Licensing Proposal

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain…more

BIS, EAR, Export Administration Regulations, Export Controls, Exports

See All Updates »

Commercial Lease Guaranties From Foreign Entities: What You Need to Know to Safeguard Your Security

In connection with a commercial lease with an international company, a commercial landlord is often asked to accept U.S.-based subsidiary as the tenant entity. The U.S. subsidiary often does not have independent financials or…more

See All Updates »

Another Approaching Benchslap for EEOC?

In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the…more

Civil Rights Act, Discrimination, EEOC, Former Employee, Hostile Environment

See All Updates »

Two New Minimum Wage Increases Pass In Northern California

In the wake of a debate over increasing the federal minimum wage, two Northern California cities voted to increase their local minimum wage rates during the recent midterm elections. On Tuesday, November 4, 2014, San Francisco…more

Minimum Wage, Municipalities, New Legislation

See All Updates »

When it Comes to Crop Insurance, the FCA Bears Fruit

The federal crop insurance program is an often overlooked area of potential liability under the False Claims Act (“FCA”). The program, which is governed by a substantial body of regulatory law, is subject to intense oversight…more

Crop Insurance, Department of Agriculture, DOJ, Enforcement Actions, False Claims Act (FCA)

See All Updates »

Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement

On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals, which acquired Cephalon in 2012, over reverse payment for its narcolepsy drug, Provigil. The Cephalon…more

Antitrust Provisions, Cephalon, FTC, Generic Drugs, Hatch-Waxman

See All Updates »

What is Retaliation in the Second Circuit Under the FLSA?

On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to demonstrate…more

Adverse Employment Action, Appeals, FLSA, Internal Reporting, Protected Activity

See All Updates »

Undisclosed Change in Building Height Requires Supplemental EIR

Ventura Foothill Neighbors v. County of Ventura (12/15/14, 2d Civil No. B254120) - The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a building…more

Appeals, CEQA, Construction Industry, Construction Project, Environmental Impact Report

See All Updates »

Corporate Internal Investigations: Best Practices

A CEO receives an anonymous call claiming that someone is stealing company trade secrets or that an employee is taking kickbacks from a vendor. A GC gets a call from the HR director who has an employee accusing the company of…more

Corporate Counsel, Human Resources Professionals, Internal Investigations

See All Updates »

Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement

On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals, which acquired Cephalon in 2012, over reverse payment for its narcolepsy drug, Provigil. The Cephalon…more

Antitrust Provisions, Cephalon, FTC, Generic Drugs, Hatch-Waxman

See All Updates »

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’ attorneys…more

Gambling, Gaming, Mobile Apps, Social Media

See All Updates »

Los Angeles City Council Approves Major Earthquake Retrofitting Ordinance

On October 9th, the Los Angeles City Council voted 12-0 to approve an ordinance requiring mandatory earthquake retrofitting for thousands of buildings in Los Angeles. The ordinance comes nearly a year after the publication of…more

Commercial Property Owners, Commercial Tenants, Department of Building and Safety (DBS), Earthquakes, Local Ordinance

See All Updates »

BitLicense Regulations and the August 8, 2015 Deadline

The New York “BitLicense” regulations became effective on June 24, 2015, and businesses that are engaged in “Virtual Currency Business Activity” involving New York or a New York Resident must apply for a license.  The deadline…more

BitLicense, Licensing Rules, Virtual Currency

See All Updates »

[Event] Labor & Employment Breakfast Briefing - Sept. 10th, Chicago, IL

Sheppard Mullin invites you to the second in a series of breakfast briefings in our Chicago office addressing domestic and global employment law developments, legislation, and trends affecting the workplace. Each briefing…more

ADA, Continuing Legal Education, Employer Liability Issues, Events, FMLA

See All Updates »

Ninth Circuit Vacates Dismissal and Remands Shareholder Derivative "Say-on-Pay" Suits to California State Court

In Dennis v. Hart, 2013 U.S. App. LEXIS 15648 (9th Cir. July 31, 2013), the United States Court of Appeals for the Ninth Circuit held that plaintiffs’ “say-on-pay” shareholder derivative suits alleging breach of fiduciary duty…more

Derivative Suit, Executive Compensation, Fiduciary Duty, Say-on-Pay, Shareholders

See All Updates »

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 »

CFPB Issues Compliance Bulletin On Confidentiality of Supervisory Information

On January 27, 2015, the Consumer Financial Protection Bureau (“CFPB”) issued a compliance bulletin reminding supervised financial institutions (including large depository institutions, credit unions and their affiliates,…more

Banking Sector, Banks, CFPB, Confidential Supervisory Information, Financial Institutions

See All Updates »

Delaware Chancery Court Holds that Creditor Plaintiffs in Derivative Suits May Satisfy Standing Requirement by Showing Corporation’s Insolvency at Time of Suit, Regardless of Later Solvency

In Quadrant Structured Products Co., Ltd. v. Vertin, C.A. No. 6990-VCL, 2015 WL 2062115 (Del. Ch. May 4, 2015), the Delaware Court of Chancery held that a creditor plaintiff needs only establish that a corporation was insolvent…more

Board of Directors, Breach of Duty, Credit Default Swaps, Creditors, Derivative Suit

See All Updates »

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 »

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations Quickly Approaches

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for third-party…more

DOL, FLSA, Health Care Providers, Home Health Care, Home Healthcare Workers

See All Updates »

Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements

Earlier this week, on December 3, 2013, the Fifth Circuit Court of Appeals held that arbitration agreements lawfully can contain class-action waivers. In its ruling in D.R. Horton, Inc. v. National Labor Relations Board, the…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

See All Updates »

DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”). We earlier reported on the DOL’s proposed rule to this effect, which is now…more

DOL, DOMA, Employer Mandates, Final Rules, FMLA

See All Updates »

Undisclosed Change in Building Height Requires Supplemental EIR

Ventura Foothill Neighbors v. County of Ventura (12/15/14, 2d Civil No. B254120) - The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a building…more

Appeals, CEQA, Construction Industry, Construction Project, Environmental Impact Report

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Sept. 24th, San Francisco, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

California Family Rights Act (CFRA), Employer Liability Issues, Employment Contract, Events, Forum Selection

See All Updates »

Los Angeles City Council Approves Major Earthquake Retrofitting Ordinance

On October 9th, the Los Angeles City Council voted 12-0 to approve an ordinance requiring mandatory earthquake retrofitting for thousands of buildings in Los Angeles. The ordinance comes nearly a year after the publication of…more

Commercial Property Owners, Commercial Tenants, Department of Building and Safety (DBS), Earthquakes, Local Ordinance

See All Updates »

Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division

The Commercial Division Advisory Council continued its revamp of the Commercial Division Rules on October 14, 2015, when it implemented amendments to 22 NYCRR § 202.70(b) and (c). As we discussed in this blog when the…more

Arbitration Awards, Declaratory Relief, Equitable Relief, Exemptions, International Arbitration

See All Updates »

Look Before You Leap – Pitfalls and Tripwires Inherent in Government Contracting

Accepting money from the Government, whether through a contract, grant, or other transaction, does not come for free. In the commercial world, companies typically engage in a cost/benefit analysis when they make major decisions,…more

Disclosure Requirements, Federal Contractors, Hiring & Firing, Human Trafficking, Intellectual Property Protection

See All Updates »

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 »

State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement

On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain…more

Antitrust Provisions, Department of Health, FTC, Health Care Providers, Healthcare

See All Updates »

Potential Revisions to the Definition of “Accredited Investor”

On December 18, 2015, the staff (the “Staff”) of the U.S Securities and Exchange Commission (the “SEC”) released a report on their review of the definition of “accredited investor” under the Securities Act of 1933. This review…more

Accredited Investors, Comment Period, Dodd-Frank, SEC, Securities Act of 1933

See All Updates »

Bill to Nullify Clean Water Rule Vetoed

On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under the…more

Clean Water Act, Clean Water Rule, EPA, Presidential Veto, Rapanos v US

See All Updates »

Pay to Play: Appellate Division Upholds Ruling that Payment is Required to Qualify for Champerty Safe Harbor Provision

In Justinian Capital SPC v. WestLB AG, etc. et al., 2015 N.Y. Slip Op. 04381 (1st Dep’t May 21, 2015), the Appellate Division affirmed the February 25, 2014 decision of the New York County Supreme Court, Commercial Division…more

Banking Sector, Banks, Financial Institutions, Investment, Investment Portfolios

See All Updates »

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’ attorneys…more

Gambling, Gaming, Mobile Apps, Social Media

See All Updates »

Cybersecurity: 36 Questions Every Director Should Ask

Cyber security, data loss, hacking and schemes to steal personal information and assets electronically are all over the news daily. Companies are the primary targets of these actions since they accumulate information, store it…more

Cybersecurity, Data Breach, Data Protection, Hackers

See All Updates »

FCC Slams Door to Higher Pole Attachment Rates

After kicking open a door to potential annual pole attachment rental increases in the hundreds of millions of dollars when it adopted its February 2015 Net Neutrality order, the Federal Communications Commission yesterday…more

Cable Television Providers, FCC, Rental Rates, Telecommunications, Utility Poles

See All Updates »

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

IRS

See All Updates »

Top 5 Actions to Consider for the New York Not-for-Profit Law Overhaul Effective on July 1

On July 1, 2014, the New York Nonprofit Revitalization Act (the “Act”) took effect. The Act is the most significant modification of New York’s Not-for-Profit Corporation Law (the “NPCL”) in approximately 40 years. New…more

Corporate Governance, Non-Profits

See All Updates »

It’s Time to Review and Update Safety and Compliance Regimens – OSHA Penalties Set to Surge in 2016

For the first time since 1990, the Occupational Safety and Health Administration (OSHA) has been authorized to increase its civil penalties. The provision was inserted into the expansive Bipartisan Budget Act of 2015, which was…more

Bipartisan Budget, Civil Monetary Penalty, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, OSHA, Safety Violations

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Oct. 7, Palo Alto, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

Employer Liability Issues, Employment Contract, Events, Hiring & Firing, Independent Contractors

See All Updates »

Conan Doyle Estate’s Quixotic Attempt to Protect Sherlock Holmes

Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law. While the holding was perhaps to be expected, the opinion introduced a mystery…more

Appeals, Arthur Conan Doyle, Books, Copyright, Public Domain

See All Updates »

North Carolina Court Issues First Decision Controlling Coop Pole Attachment Rates

This is a story of persistence and perseverance, if not patience. The cable industry finally obtained some control over skyrocketing pole attachment rates charged by cooperative utilities in North Carolina when the…more

Cable Television Providers, Time Warner, Utilities Sector, Utility Poles

See All Updates »

Cyberspace Oddity: The FCC Regulates Internet Services as Common Carrier Telecommunications Services, “Protecting and Promoting the Open Internet”

The FCC voted recently 3-2 along party lines to promulgate new rules necessary to protect the “Open Internet.” At the core of the Commission’s action lies its decision to reclassify Internet services as a “telecommunications”…more

Communications Act of 1934, FCC, Internet, Proposed Regulation, Regulatory Agenda

See All Updates »

Round and Round and Round She Goes, and Where She Lands, Nobody Knows: The Future of Obamacare and Why King v. Burwell Matters – A Five-Part Series

Last week, on Wednesday, March 4, the U.S. Supreme Court heard oral argument in the highly publicized case of King. v. Burwell—a lawsuit challenging the Affordable Care Act or “Obamacare” based upon what many would call the most…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, King v Burwell, Oral Argument

See All Updates »

Second Circuit Holds That SIPA Does Not Permit an Inflation or Interest Adjustment to “Net Equity” Claims For Customer Property

In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for the Second Circuit held that no adjustment for inflation or interest could be…more

Appeals, Bernie Madoff, Inflation Adjustments, SIPA

See All Updates »

FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?

On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation…more

Anti-Competitive, Antitrust Litigation, FTC, FTC v Actavis, Hatch-Waxman

See All Updates »

Maryland Legislature Fixes Problems Left Over From 2012 IDOT Legislation

Prior to 2012, the Indemnity Deed of Trust ("IDOT") had long been the preferred structure for borrowers in Maryland looking to finance their property because it would allow deferment of recordation taxes that would otherwise be…more

IDOT, Indemnification

See All Updates »

Groundbreaking Cross-border Airport Terminal Linking Tijuana to San Diego Breaks Ground

Sheppard Mullin client, Otay Tijuana Venture, announced this week that a cross-border pedestrian bridge linking San Diego with Tijuana’s A.L. Rodríguez International airport will be set to open next year. The project, which…more

Airlines, Airports, Cross-Border, Economic Development

See All Updates »

State Agency’s Intentional Flooding for Environmental Protection Results in Physical Taking of Private Property – Strict Liability Applies

Pacific Shores Property Owners Association v. Department of Fish and Wildlife (1/20/16, C070201) - On January 20, 2016, the Court of Appeal for the Second Appellate District of California ruled that where a state agency…more

Flooding, Inverse Condemnation, State Department of Fish and Wildlife, Statute of Limitations, Takings

See All Updates »

Bright Lights Not a Significant Impact; Lack of Parking May Be

In Taxpayers for Accountable School Bond Spending v. San Diego Unified School District (2013) __ Cal.App.4th __ (Case No. D060999) the Court of Appeal for the 4th District held that the San Diego Unified School District (the…more

Ballot Measures, CEQA, Environmental Impact Report, Parking Lots

See All Updates »

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 »

Changes to California’s Piece-Rate Compensation Requirements

Assembly Bill (“AB”) 1513, will significantly change the requirements governing the payment of piece-rate compensation in California beginning January 1, 2016. AB 1513 creates Labor Code section 226.2 which sets forth…more

Minimum Wage, New Legislation, Piece-Rate Pay, Rest and Meal Break, Safe Harbors

See All Updates »

Recent Remarks By Officials Reinforce DOJ’s Focus On Criminal Fraud Investigations And Prosecutions Of Culpable Individuals

In a trio of speeches given at separate events on September 17, 2014, Department of Justice (“DOJ”) officials announced new initiatives and points of emphasis in the Government’s ongoing efforts to hold corporations and…more

Board of Directors, Corporate Officers, Criminal Prosecution, DOJ, False Claims Act (FCA)

See All Updates »

New California Statutes Potentially Increase Owners’ and Developers’ Exposure Under the Prevailing Wage Law

California has enacted several statutes, effective January 1, 2014, which will likely increase the exposure of contractors and subcontractors, and the developers and owners for whom they work, to claims for prevailing wage…more

Construction Contracts, Contractors, Employer Liability Issues, Prevailing Wages, Subcontractors

See All Updates »

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 »

Social Media: Protecting Trade Secrets and Proprietary Information

The ability of employees to steal trade secrets, reveal customer lists, and expose proprietary business information with the press of a button is frightening. In over 85 percent of trade-secret cases, the alleged misappropriator…more

Bring Your Own Device, Confidential Information, Social Media, Trade Secrets

See All Updates »

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, Proposed Legislation

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Oct. 22nd, San Diego, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

Employer Liability Issues, Employment Contract, Events, Hiring & Firing, Independent Contractors

See All Updates »

Arbitration Wars: Supreme Court Continues To Affirm The Supremacy of the FAA

The United States Supreme Court recently reversed a decision by the California Court of Appeal wherein the state court refused to enforce a class action waiver in an arbitration agreement. The Supreme Court enforced the class…more

Arbitration Agreements, AT&T Mobility v Concepcion, Class Action Arbitration Waivers, DirecTV, DirecTV v Imburgia

See All Updates »

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016. Some of these laws impose new prohibitions on employers, while others provide positive benefits such as…more

Commercial Truck Drivers, E-Verify, Equal Pay, Family Members, Independent Contractors

See All Updates »

Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of the…more

Disparagement, Facebook, NLRA, NLRB, Protected Concerted Activity

See All Updates »

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major…more

Class Action, Class Certification, Collective Actions, Competition, Competition Appeal Tribunal

See All Updates »

FAST Act Speeds-Up Raising Capital

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act, or FAST Act. Although primarily a transportation bill, the FAST Act also made changes to the federal securities laws as…more

Capital Raising, Corporate Issuers, Emerging Growth Companies, Financial Statements, Fixing America’s Surface Transportation Act (FAST Act)

See All Updates »

DOJ’s FCPA Enforcement Power Gets A Big Boost

In 2011, the Department of Justice (“DOJ”) stated that “[i]t’s not necessarily the wisest move for a company” to challenge the definition of “foreign official” under the Foreign Corrupt Practices Act (“FCPA”), and that…more

Compliance, DOJ, Enforcement, Enforcement Actions, FCPA

See All Updates »

Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed to…more

Bid Protests, Competitive Bidding, Contractors, Prevailing Wages, Public Projects

See All Updates »

The New Normal: The Need for Damages Proof To Certify Consumer Classes Post-Comcast

In consumer class actions, the damages measure tends to remain undisclosed or ill-defined when plaintiffs move for class certification. Revealing as little as possible about damages allows plaintiffs to more flexibly adapt to…more

Burden of Proof, Class Action, Comcast v. Behrend, Evidence, SCOTUS

See All Updates »

UPDATE: SCOTUS Denies Petition For Cert In Iskanian

On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC. While the Court in Iskanian confirmed that an express class action waiver in an employment…more

Appeals, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employment Contract

See All Updates »

Cross Subsidization For Purpose Of Enhanced Grocery Sales Through Alleged Below Cost Gasoline Discounts Found Not To Violate California Unfair Practices Act

Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” is not imminent. Dixon Gas Club LLC v. Safeway Inc., Case No. A139283 (Court of Appeal 1st…more

Appeals, CA Supreme Court, Discounts, Fuel Standards, Grocery Stores

See All Updates »

Ninth Circuit Rejects Percentage Method To Determine Attorneys’ Fees In Class Action Settlement

In Collado v. Toyota Motor Sales, U.S.A., Inc., Nos. 11-57013, 11-57023, 11-57030 (9th Cir. Dec. 16, 2013), the Ninth Circuit Court of Appeals reversed a district court’s attorneys’ fees award in a class action settlement…more

Attorney's Fees, Class Action, Settlement, Toyota

See All Updates »

'Do Not Call' Violations Lead to $7.5 Million Civil Penalty

On Thursday, June 27, 2013, the Federal Trade Commission (“FTC”) announced that Mortgage Investors Corporation of Ohio, Inc. (“Mortgage Investors”) will pay a $7.5 million civil penalty for alleged violations of the…more

Do Not Call List, Fraud, FTC, Mortgage Loan Originators, Mortgages

See All Updates »

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 »

Abuse of Discretion Not Shown By Court’s Failure To “Show Its Arithmetic” in Significantly Reducing Claimed Attorney Fees in CEQA Litigation

In Save Our Uniquely Rural Community Environment v. County of San Bernardino, __ Cal.App.4th ___, 2015 WL 1259781 (4th Dist., Div. 2, 2015) (SOURCE) , the Fourth District Court of Appeal affirmed the trial court’s decision to…more

Abuse of Discretion, Appeals, Attorney's Fees, CEQA, Environmental Impact Report

See All Updates »

[Event] Breakfast With Your Labor Lawyer - May 19, San Francisco, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day…more

Contractors, Discrimination, Earned Sick Time, Email, Events

See All Updates »

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016. Some of these laws impose new prohibitions on employers, while others provide positive benefits such as…more

Commercial Truck Drivers, E-Verify, Equal Pay, Family Members, Independent Contractors

See All Updates »

California Enacts New Data Privacy Laws

As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B. 370…more

Breach Notification Rule, CalOPPA, COPPA, Data Breach, Data Protection

See All Updates »

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 (FCA), FERA, FERA Retroactivity Clause

See All Updates »

US Safe Harbor Regime Invalidated by Europe’s Highest Court

The Court of Justice of the European Union ruled this morning that the Safe Harbor regime, which enables transatlantic data transfers from the European Union to the United States, is invalid, thereby giving each national…more

Binding Corporate Rules, Consent, Data Protection Authority, EU, EU Data Protection Laws

See All Updates »

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016. Some of these laws impose new prohibitions on employers, while others provide positive benefits such as…more

Commercial Truck Drivers, E-Verify, Equal Pay, Family Members, Independent Contractors

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Oct. 15th, Los Angeles, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

Employer Liability Issues, Employment Contract, Events, First Amendment, Hiring & Firing

See All Updates »

Beyond the Checklist: Seven Keys to Effective Trade Due Diligence

Anti-corruption due diligence can be vexing even in the best of conditions; it is often made more complicated by time and business pressures that arise in the context of a merger or acquisition or an urgent sales opportunity. …more

Anti-Corruption, DOJ, Due Diligence, FCPA, SEC

See All Updates »

Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015

The District of Columbia recently joined twelve other states that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy. The Protecting Pregnant Workers Fairness Act (the “Act” or…more

Employer Mandates, New Legislation, Pregnancy, Reasonable Accommodation

See All Updates »

Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price

On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future…more

Architects, Construction Contracts, Construction Defects, Construction Disputes, Design-Build

See All Updates »

Brinker for Dummies

On November 13, 2014, the Second District Court of Appeal, Division One, issued a decision in Walgreen Co. Overtime Cases. The opinion explains the meaning of Brinker Restaurant Corp. v. Superior Court as it applies to the duty…more

Appeals, Employee Rights, Employer Liability Issues, Rest and Meal Break, Retailers

See All Updates »

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 »

Forward to The Past: NYSE Returns to Regulation

Everything old is new again. On January 1, 2016, the New York Stock Exchange (“NYSE”) – now owned by Intercontinental Exchange, Inc. – will be taking back some of the regulatory responsibilities it yielded to the Financial…more

FINRA, NASD, NYSE, Regulatory Agencies, SEC

See All Updates »

Equityholder's Strategy for Shifting Tax Burdens to Creditors Upheld by Third Circuit

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that S corporation status (or "qualified subchapter S subsidiary" or "QSub" status) is…more

Casinos, Cost-Shifting, Creditors, Debtors, IRS

See All Updates »

Update: Sandoz and Celltrion Decline the Invitation to Dance: Biosimilars Challenge the Applicability of the BPCIA’s Exchange Provisions Before Bringing Suit

In our previous blog post of November 11, 2014, we noted that Celltrion had filed a declaratory judgment action against Kennedy Trust for Rheumatology Research for invalidity of certain patents covering methods of treating…more

Biosimilars, BPCIA, Patents, Pharmaceutical Patents, Sandoz

See All Updates »

California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training

California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training required by Government…more

Abusive Conduct Training, Anti-Harassment Policies, Workplace Bullying

See All Updates »

New Year, New Rules for Employers Doing Business in New Jersey

This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New Jersey…more

Ban the Box, Conditional Job Offers, Criminal Records, Hiring & Firing, Job Applicants

See All Updates »

5 Things You Need To Know Now About Mexico’s Energy Reforms

Mexico’s landmark constitutional energy reforms, enacted in December 2013, were lauded as the start of a new era for private investment in Mexico. Nearly five months in, how has the government fared in implementing these…more

See All Updates »

Day Three Notes – JP Morgan Healthcare Conference, San Francisco

On January 13, 2016, conference sessions surfaced interesting questions and approaches regarding the post-acute sector, bundled payment, emergency medicine and anesthesia. Post-Acute Focus: With more and more focus on the…more

Ambulatory Surgery Centers, Bundled Payments, Hospitals, JPMorgan Chase, Physicians

See All Updates »

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 »

China Ripe For Enforcing AML Based On Concerted Action

So far in China there have not been any published decisions regarding price-fixing or other anti-competitive agreements based on concerted action by competitors. There is also no Chinese legal precedent for including potential…more

Antitrust Provisions, Cartels, China, Competition, Dole Food

See All Updates »

Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases

In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. __ (2014), the United States Supreme Court addressed the role that the equitable defense of laches – i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit –…more

Affirmative Defenses, Copyright, Copyright Infringement, Laches, MGM

See All Updates »

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm & Haas

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,…more

Declaration, False Statements, Inequitable Conduct, Infringement, Materiality

See All Updates »

U.S. Supreme Court Decision Gives More Latitude to Defeat Securities Fraud Class Action Lawsuits Prior to Class Certification

In Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, __ S Ct. __, 2014 WL 2807181 (U.S. June 23, 2014), the United States Supreme Court refused to overturn the landmark decision Basic v. Levinson, but ruled that…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

See All Updates »

SAFEs and KISSes Poised to Be the Next Generation of Startup Financing

Overview - In late 2013, startup accelerator Y Combinator unveiled its Simple Agreement for Future Equity (“SAFE”) investment instrument as an alternative to convertible debt. While SAFE templates appeared in different…more

Convertible Debt, Corporate Counsel, Financing, Investors, Popular

See All Updates »

You Again?: Application of the First-to-File Bar Where Subsequent Actions Are Brought By the Same Relator

The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government. One of these, the…more

False Claims Act (FCA), Federal Contractors, First-to-File, Qui Tam, Relators

See All Updates »

California’s Equal Pay Law To Become More Stringent Effective January 1, 2016

Earlier this month, California Governor Jerry Brown signed the California Fair Pay Act, a bill making various changes to strengthen the California Equal Pay Act, which addresses gender wage inequality. The bill, S.B. 358,…more

Anti-Retaliation Provisions, Equal Pay, Fair Pay Act, Governor Brown, Pay Secrecy

See All Updates »

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 »

Delaware Court of Chancery Rejects Share-Tracing Standing Requirement for Appraisal Petitioners

The Delaware Court of Chancery issued companion opinions clarifying Delaware’s standing requirements for appraisal petitions under 8 Del. C. § 262. In In re Appraisal of Ancestry.com, Inc., C.A. No. 8173-VGC, 2015 WL 66825…more

Ancestry.com, Appraisal, Arbitrage, Business Litigation, Buy-Out Agreements

See All Updates »

[Event] Labor & Employment Law Update & Happy Hour - Sept. 16th, Costa Mesa, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments…more

DOL, Events, Hiring & Firing, Independent Contractors, Internships

See All Updates »

Commercial Lease Guaranties From Foreign Entities: What You Need to Know to Safeguard Your Security

In connection with a commercial lease with an international company, a commercial landlord is often asked to accept U.S.-based subsidiary as the tenant entity. The U.S. subsidiary often does not have independent financials or…more

See All Updates »

Plaintiffs’ Full Refund Theory of Restitution Under California’s Unfair Competition Law Goes Up in Smoke in Latest Tobacco II Opinion

The long saga of In re Tobacco Cases II recently produced yet another appellate opinion addressing California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), and the remedies they provide. This time, in In re…more

Disgorgement, False Advertising, Philip Morris, Restitution, Tobacco Litigation

See All Updates »

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, Transfers

See All Updates »

U.S. Supreme Court Holds Agency Interpretations Are Not Subject To Notice-and-Comment Rulemaking Requirement

In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption. In 2006, the Bush DOL issued an opinion letter finding that mortgage loan officers qualified for the…more

Administrative Exemption, Administrative Procedure Act, Chevron Deference, DOL, Exempt-Employees

See All Updates »

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

Cell Phones, Class Action, Consent, FCC, TCPA

See All Updates »

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous Suits

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are non-practicing…more

Attorney's Fees, Certiorari, Frivolous Lawsuits, Infringement, Non-Practicing Entities

See All Updates »

Nationality of Vessels on Sea Trials Under U.S. Law

In 2013, approximately 1,147 commercial and military vessels were delivered by United States shipyards. This total includes vessels of all types – 8 deep-draft vessels and structures, 219 OSVs, tugs, towboats, passenger and…more

Federal Admiralty Law, Shipping, Shipyard Industry, Vessels

See All Updates »

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 »

More Transparency- New Enterprise Information Disclosure Rules Take Effect

China has recently passed new laws requiring enterprises to disclose important information which the public can access. On October 1, 2014, new rules came into effect, Provisional Rules on Enterprise Information Disclosure…more

China, Compliance, Disclosure Requirements, Transparency

See All Updates »

Higher Filing Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced

Higher Thresholds For HSR Filings - On January 15, 2015, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing…more

Filing Fees, FTC, GDP, Hart-Scott-Rodino Act, Interlocking Directorate

See All Updates »

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 »

Investment Trends in the Gaming Industry

Over the past decade, the gaming industry has evolved into one of the hottest sectors of mobile internet services. VentureBeat recently reported that in the trailing twelve months of Q3 2014, gaming accounted for $18 billion in…more

Amazon, Equity Financing, Financing, Gaming, IPO

See All Updates »

New York City Commuter Benefits Law (NYCCBL) Makes Changes For Employers With a Workforce On the Go (Compliance Required by July 1, 2016)

This month a new law requiring certain New York City employers to provide pre-tax commuter benefits to their employees went into effect. Under the law, covered New York City employers must give full-time employees the…more

Commuting, Fringe Benefits, Full-Time Employees, New Legislation, Notice Requirements

See All Updates »

EEOC Proposes New Pay Data Reporting Requirements for Employers

The United States Equal Employment Opportunity Commission (“EEOC”) has published proposed revisions to the requirements associated with the Employer Information Report (EEO-1). The EEO-1 already requires employers with more than…more

Data Collection, EEO-1, EEOC, Equal Pay, Fair Pay Act

See All Updates »

China Releases Administrative Measures on Foreign Debt Registration

On April 28, 2013, the State Administration of Foreign Exchange (the “SAFE”) promulgated the Administrative Measures of Registration of Foreign Debts (the “Foreign Debt Measures”) together with the detailed Operational…more

China, Debt, Foreign Banks, Foreign Investment, Nonbank Firms

See All Updates »

IRS Announces Inflation-Adjusted Amounts for 2016

The IRS recently announced the inflation-adjusted items for 2016, including gift, estate, and generation-skipping transfer tax amounts. The following adjustments should be considered in your estate and gift planning..…more

Generation-Skipping Transfer, Gift-Tax Exemption, IRS

See All Updates »

Work and Resident Permits for Short-Term Working Foreigners

The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Culture jointly issued a notice of the Relevant Handling Procedures for Foreigners…more

China, Foreign Nationals, Residency Status, Work Permits

See All Updates »

DC Circuit Ruling Confirms Reasonableness Of Resellers Relying On TAA Certifications From Suppliers

The U.S. Court of Appeals for the District of Columbia Circuit has issued a ruling bringing to an end the long-running False Claims Act (“FCA”) case filed by relator Brady Folliard and providing useful guidance to resellers…more

Appeals, Distributors, False Claims Act (FCA), Federal Contractors, GSA

See All Updates »

Arbitrator and Mediator. Member of AAA National Panel of Construction Arbitrators

AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. …more

American Arbitration Association, Arbitration, Arbitrators, Case Consolidation, Case Management

See All Updates »

NASDAQ Proposes The Adoption Of A New All-Inclusive Annual Listing Fee

On August 26, 2014, The NASDAQ Stock Market LLC (“NASDAQ”) filed with the Securities and Exchange Commission (the “SEC”) certain proposed amendments to the NASDAQ Stock Market Rules (the “Amendments”) to provide for, among other…more

Fees, Filing Fees, Nasdaq, Proposed Amendments, SEC

See All Updates »

California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a valid…more

Affordable Housing, CA Supreme Court, California Building Industry Association (CBIA), City of San Jose, Inclusionary Housing Ordinance

See All Updates »

Court Severs Term But Otherwise Enforces Arbitration Provision With A Class Action Waiver

In a victory for Sheppard Mullin and its client, in Trabert v. Consumer Portfolio Serv., Inc., __ Cal. App. 4th. __, 2015 WL 880949 (4th Dist. Mar. 3, 2015), the California Court of Appeal compelled arbitration and enforced a…more

Appeals, Arbitration, Automotive Loans, Class Action, Class Action Arbitration Waivers

See All Updates »

Warren Distribution, Inc. v. Royal Purple, LLC – What’s in a Name?

In this matter, the Trademark Trial and Appeal Board dismissed an opposition without prejudice in this precedential opinion because the party that filed the opposition was different from the party that sought and obtained an…more

Dismissals, Subject Matter Jurisdiction, Trademark Trial and Appeal Board

See All Updates »

US and EU Iran Sanctions Lifted: How to Proceed in the Aviation Sector?

On 16 January 2016, the United States and the EU lifted certain sanctions against Iran in compliance with the Joint Comprehensive Plan of Action (JCPOA) agreed among Iran, China, France, Germany, the Russian Federation, the…more

Aircraft, Aviation Industry, EU, Implementation Day, International Atomic Energy Agency

See All Updates »

California and Delaware Courts Agree: Amendments to Corporate Bylaws Do Not Apply Retroactively to Impair Pursuit Previously Accrued Claims

Two recent decisions, one from the Delaware Court of Chancery and one from the California Court of Appeal, Fourth Appellate District, refused to apply bylaws that impaired a shareholder/member plaintiff’s ability to pursue his…more

Appeals, Bylaws, Corporations Code, Retroactive Application, Shareholder Litigation

See All Updates »

Reconsideration of Certificate of Need in Virginia

In a joint statement issued by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (collectively, the “Agencies”) late last month, the Agencies suggested Virginia’s Certificate of Public…more

Antitrust Division, Certificate of Need, Hospitals, Regulatory Agenda, Repeal

See All Updates »

CEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified

CREED-21 v. City of San Diego (2/18/2015, 4th Civil No. D064186) - The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage…more

CEQA, Emergency Response, Environmental Assessments, Exemptions, Land-Use Permits

See All Updates »

HIPAA/HITECH Compliance Strategies for Medical Device Manufacturers

As computing power continues to become cheaper and more powerful, medical devices are increasingly capable of handling larger and larger sets of data. This provides the ability to log ever expanding amounts of information about…more

Biotechnology, Compliance, Covered Entities, FDA, HIPAA

See All Updates »

Perspective: What Will Be the Defining Cybersecurity Issues In 2016?

As data breaches and their related obligations and liability risks continue to pile up with every passing year, we asked attorneys writing on JD Supra to answer the question: What will be among the defining issues for…more

Corporate Counsel, Cyber Insurance, Cybersecurity, Data Protection, FTC

See All Updates »

FAST Act Speeds-Up Raising Capital

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act, or FAST Act. Although primarily a transportation bill, the FAST Act also made changes to the federal securities laws as…more

Capital Raising, Corporate Issuers, Emerging Growth Companies, Financial Statements, Fixing America’s Surface Transportation Act (FAST Act)

See All Updates »

Review – U.S. Patent and Trademark Office Subject Matter Eligibility Guidelines

On March 4, 2014 the USPTO issued new patent subject matter eligibility guidelines in an attempt to provide examiners and patent practitioners with some guidance on which claims improperly encompass laws of nature, natural…more

Patent Applications, Patent-Eligible Subject Matter, Patents, USPTO

See All Updates »

When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim?

A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled to administrative priority status under Bankruptcy Code section 503(b)(9)…more

Commercial Bankruptcy, Debt, Debtors, Section 503(b)(9)

See All Updates »

California Relaxes Its “Made in the U.S.A.” Law

To the consternation of many, California law has long imposed a “Made in the U.S.A.” standard that has been more stringent than the federal standard, requiring manufacturers of all types who wanted to make a country of origin…more

Country of Origin, FTC, Labeling, Made in the USA, Manufacturers

See All Updates »

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

See All Updates »

[Event] Retail Best Practices: Accommodating Disabilities with Acumen, Protecting Data with Diligence, and Avoiding Class Actions with Class - Sept. 29th, New York, NY

Topics covered will include: Accommodating Disabilities in The Retail Work Environment: A discussion of recent developments under the employment provisions of the Americans with Disabilities Act impacting retail…more

Class Action, Cybersecurity, Data Protection, Disability, Disability Discrimination

See All Updates »

DOJ Issues Opinion, Provides (Some) Comfort on Successor Liability

In a recent Opinion Procedure Release (OPR), Number 14-02, the U.S. Department of Justice expressly limited successor liability for a US company purchasing a non-US company that had paid bribes in the past. In so doing, DOJ may…more

DOJ, Due Diligence, Enforcement Guidance, FCPA, FCPA Guidance

See All Updates »

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, Foreign Investment, Real Estate Market

See All Updates »

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major…more

Class Action, Class Certification, Collective Actions, Competition, Competition Appeal Tribunal

See All Updates »

Second Circuit Holds RMBS-issued Certificates Are Exempt from the TIA

On December 23, 2014, the United States Court of Appeals for the Second Circuit issued an opinion on an issue of first impression, namely the scope of § 304(a)(2) of the Trust Indenture Act of 1939, 15 U.S.C. §§ 77aaa-77aaaa…more

Appeals, Bank of New York (BNY) Mellon, RMBS, Trust Indenture Act

See All Updates »

No Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy

On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act…more

Amount in Controversy, CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity Jurisdiction

See All Updates »

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 ba