Sheppard Mullin Richter & Hampton LLP

Heads up! Inflation Adjustments To Acquisition Thresholds Are Just Around The Corner

On July 2, 2015, the FAR Council issued a Final Rule that amends the FAR, effective October 1, 2015, to implement inflation-based adjustments to certain acquisition-related monetary thresholds. 80 Fed. Reg. 38293. The…more
| Construction Law, Government Contracting, Labor & Employment Law

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the…more
| Administrative Law, Civil Procedure, Government Contracting

EPA and the Army Corps Seeking to Consolidate Challenges to Recently Issued “Waters of the United States” Rule

Since the EPA and the Army Corps published the final rule defining “waters of the United States” on June 29, 2015, 72 plaintiffs have already filed ten separate complaints in eight federal district courts challenging the final…more
| Civil Procedure, Energy & Utilities, Environmental Law

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
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Real Estate - Commercial

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”) that…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data Breach Class Actions

As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the water. The overwhelming majority of courts, relying…more
| Civil Procedure, Civil Remedies, Constitutional Law, Privacy, Science, Computers, & Technology

Delaware Supreme Court Reinforces Importance of Clear and Precise Bylaw Provisions and Specifically Drafted Notices of Annual Meetings

In Hill International, Inc. v. Opportunity Partners L.P., No. 305, 2015, 2015 WL 4035069 (Del. July 2, 2015), the Delaware Supreme Court affirmed the Court of Chancery’s grant of injunctive relief as it recognized the plaintiff…more
| Business Organizations, Civil Remedies, Securities Law

Delaware Supreme Court Reinforces Importance of Clear and Precise Bylaw Provisions and Specifically Drafted Notices of Annual Meetings

In Hill International, Inc. v. Opportunity Partners L.P., No. 305, 2015, 2015 WL 4035069 (Del. July 2, 2015), the Delaware Supreme Court affirmed the Court of Chancery’s grant of injunctive relief as it recognized the plaintiff…more
| Business Organizations, Civil Procedure, Civil Remedies, Securities Law

CMS Proposes Mandatory Hospital Participation in New Bundled Payment Program for Hip and Knee Replacements

On July 14th, 2015, the Centers for Medicare and Medicaid’s (CMS) latest proposed rule (Rule) introduced a new alternative payment model. The Rule proposes CMS’ latest alternative payment model known as the Comprehensive Care…more
| Health

[Event] The Aerospace & Defense Forum: SPAWAR: The Navy's Information Dominance Systems Command- July 28, 5:30pm - San Diego, CA

Guest Presenter: Mr. Patrick M. Sullivan, Executive Director, Space and Naval Warfare Systems Command - What areas are most important and likely to be funded in the near term? - How does SPAWAR view sequestration and…more
| Government Contracting, Military Law, Science, Computers, & Technology

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
| Commercial Law & Contracts, Government Contracting, International Law & Trade, Science, Computers, & Technology

DOL Says Most Independent Contractors Actually Employees

In furtherance of its agenda to extend minimum wage and other wage-hour protections as broadly as possible, on July 15, 2015, the Department of Labor issued a far-reaching interpretive memorandum expressing the DOL’s belief that…more
| Labor & Employment Law

Implementation Day: Do the Rules Let You Play in the New Ballgame for Business in Iran?

After a twelve-year standoff that saw the United States and Europe ratchet up sanctions pressure on Iran, a diplomatic breakthrough has been reached. But robust trade between Iran and the West will not arise immediately, since…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, Finance & Banking, International Law & Trade

California Paid Sick Leave Law Amended, Effective Immediately

On July 13, 2015, Governor Jerry Brown approved AB 304 Sick Leave: Accrual and Limitations, which amends the Healthy Workplaces, Healthy Families Act of 2014 (i.e., Sections 245.5, 246, and 247.5 of the California Labor Code). …more
| Labor & Employment Law

A Break From the Past: Historic Deal with Iran Marks A New Day in U.S.-Iran Relations

Today, President Obama announced a landmark agreement with Iran designed to prevent Iran from obtaining a nuclear weapon in exchange for lifting sanctions that have retarded the country’s development for the decades since the…more
| Elections & Politics, Energy & Utilities, International Law & Trade
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