Sheppard Mullin Richter & Hampton LLP

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

1. Higher Thresholds For HSR Filings - On January 19, 2017, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing…more
| Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

Using Hashtag #Disclosures in Social Media Advertising

The Federal Trade Commission (“FTC”) has been cracking down on brands for paying Instagram users to endorse their products or to share brand content without disclosing the relationship. Indeed, the recent settlements entered…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Delaware Supreme Court Confirms that Dilution Claims Typically Are Derivative and Are Extinguished After a Merger

Stockholder claims alleging wrongful dilution are typically considered to be derivative in nature. Several decisions out of Delaware, however, have created exceptions to this general rule allowing stockholders to sue directly…more
| Business Organizations, Business Torts, Civil Procedure, Mergers & Acquisitions, Securities Law

Do Routine Calls by Health Plans to Patients and Health Plan Members Constitute “Telemarketing” Under the Telephone Consumer Protection Act? Not Today!

Covered entities have a long list of laws and regulations governing their conduct, including their communications with patients, customers, and members. Specifically, the Health Insurance Portability and Accountability Act…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Health, Privacy

EU Legal Developments That May Impact Your Business in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, Privacy, International Law & Trade, Science, Computers, & Technology

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They Should Consider Their Options During The Annual Open Enrollment Period

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Health, Privacy

Notes on Day 4 of the JPMorgan Healthcare Conference

Some interesting presentations on the last day of the JPMorgan Healthcare Conference that concentrated on common themes – the increasing importance of ancillary business line to bolster core business revenue and of filling in…more
| Health

The Old and the New – Day 3 Notes from the JPMorgan Healthcare Conference

Day 3 of the JPMorgan healthcare conference was one of striking contrasts between the old and the new. (And, by the way, the rain finally stopped for a day, but it will be back tomorrow to finish off the last day of the…more
| Health

The Undoing Project – Why NAFTA Can’t be Undone, but Can be Re-Done

Boy, does it sound convincing when Mr. Trump states he will submit notice under section 2205 of NAFTA to let Mexico and Canada know that the U.S. will withdraw from NAFTA. The problem is, while the president-to-be is capable, we…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

The Future of Russia Sanctions: The Awkward Edition

On January 10, 2017, Senate Republicans and Democrats introduced bi-partisan legislation called the “Countering Russian Hostilities Act of 2017,” which would impose broad sanctions on Russia. The Act would codify the sanctions…more
| Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

Food for Thought (and Health): Day 2 Notes from the JP Morgan Healthcare Conference

Addressing the Social Determinants of Health: Is the healthcare industry pushing a rock up a hill? We collectively are trying to provide healthcare with improved quality and reduced cost, but the structure of the nation’s…more
| Health

Looking Forward/Looking Backward – Day 1 Notes from the JPMorgan Healthcare Conference

A large amount of wind, much discussion about the U.S healthcare, and the public getting soaked again – if you were thinking about Washington, DC and the new Congress, you’re 3,000 miles away from the action. This is the week of…more
| Elections & Politics, Health, Insurance, Labor & Employment Law

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

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the…more
| Labor & Employment Law

Many States Are Increasing Their Minimum Wage In 2017

As of January 1, 2017, nineteen states now have a new minimum wage in effect: Alaska: $9.80 per hour. Arizona: $10.00 per hour. Arkansas: $8.50 per hour. California: $10.50 per hour for employers with 26 or…more
| Labor & Employment Law

New Year, New Rules for Employers Doing Business in New Jersey in 2017

Last year New Jersey state and local legislatures implemented several employment laws and ordinances that are set to take effect in 2017. This update summarizes these new legal requirements to help New Jersey employers prepare…more
| Labor & Employment Law
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