Sheppard Mullin Richter & Hampton LLP

New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions and Raises New Concerns for Employer

In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Labor & Employment Law

GAO Loses Jurisdiction Over Task Order Protests Valued at More Than $10 Million

Government contractors hoping to challenge a civilian agency’s award of a task or delivery order may be out of luck, at least temporarily. Prior to September 30, 2016, the Government Accountability Office (“GAO”) had exclusive…more
| Administrative Law, Civil Procedure, Government Contracting

Changes In Intrastate Crowdfunding Rules: Will They Make A Difference?

On October 26, 2016, the Securities and Exchange Commission amended its existing safe harbor rule for intrastate investing, Rule 147, and added a new intrastate safe harbor, Rule 147A in an effort to reflect the realities of…more
| Business Organizations, Finance & Banking, Securities Law

Embraer’s FCPA Deferred Prosecution Agreement and $205 Million Payment Demonstrate Need for Adequate Internal Controls

Brazilian aircraft manufacturer Embraer SA (“Embraer”) will pay the United States government $205 million to settle allegations that the company violated the Foreign Corrupt Practices Act (“FCPA”) by paying millions in bribes…more
| Commercial Law & Contracts, Criminal Law, International Law & Trade, Securities Law, Transportation

Rule 504 Becomes Useful Tool for Smaller Capital Raising and M&A Transactions

On October 26, 2016, the SEC amended Rule 504 of Regulation D under the Securities Act of 1933 (the “Securities Act”) to increase the maximum amount of securities that may be sold thereunder in any 12-month period from $1…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law

Proposed “Patent Agent Privilege” Promises Protection For Patent Practitioners And Clients

The United States Patent and Trademark Office (“PTO”) recently proposed a patent-agent privilege that would bring needed consistency to the discovery phase of Patent Trial and Appeal Board (“PTAB”) proceedings…more
| Administrative Law, Civil Procedure, Intellectual Property

Texas Federal Court Blocks New Salary Restrictions for Exempt Employees

On November 22, 2016, a federal court in the Eastern District of Texas issued a preliminary injunction blocking the Department of Labor from enforcing new regulations that would have drastically reduced the number of white…more
| Administrative Law, Civil Remedies, Labor & Employment Law

Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions by holding that make-whole…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Finance & Banking

The Future of the U.S.-Canada Trade Relationship in Light of the Election

The United States and Canada enjoy a unique bilateral relationship. That relationship reflects a unique friendship, underpinned by shared geography, similar values, common interests, deep connections and powerful, multi-layered…more
| Elections & Politics, International Law & Trade

New York State Department of Labor Proposes Increases to Overtime Exempt Salary Threshold

By now, most employers have heard about the changes to the overtime regulations that will increase the salary threshold for overtime exemptions under the federal Fair Labor Standards Act (“FLSA”) to $913 per week as of December…more
| Labor & Employment Law

Part I: How We Got Here: President Obama to Obamacare to President-elect Trump

One thing that has become clear since the election of Donald Trump last week is that efforts to repeal or amend the Affordable Care Act (ACA) will be a high priority legislative item for next year’s Congress and the incoming…more
| Elections & Politics, Health

New York State Department of Labor Issues Final Wage Regulations Imposing New Notice and Consent Requirements on Direct Deposit and Debit Card Wage Payments

Effective March 7, 2017, employers who pay wages via direct deposit and/or payroll debit card will need to comply with more stringent requirements. The New York State Department of Labor (the “NYSDOL”) recently issued final…more
| Labor & Employment Law

Unpersuasive: Federal Judge Invalidates DOL’s New Persuader Rule

On November 16, 2016, a federal district judge in Texas barred the Department of Labor (“DOL”) from enforcing its new so-called “Persuader Rule.” The rule, which would have imposed broad disclosure requirements on employers…more
| Civil Remedies, Labor & Employment Law

Consumers Are Unlikely to Confuse Yelp with a Local Property Management Company Using the Same Tagline in Ads, Court Rules

In a ruling that neatly illustrates some of the challenges a company is likely to face when trying to enforce trademark rights in an advertising tagline, a federal judge in the Northern District of California recently denied a…more
| Civil Remedies, Communications & Media Law, Intellectual Property

Don’t Lose Your DMCA Safe Harbor Protection!

The U.S. Copyright Office’s new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules. Beginning December 1, all online service providers must submit…more
| Intellectual Property
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333 S. Hope Street, 43rd Floor
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400+ Attorneys

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