Sheppard Mullin Richter & Hampton LLP

Second Circuit Holds: You Can’t Always Get What You Want – As Long Your Employer Gives You What You Need (An Effective Accommodation)

On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York which…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Reminder: California Family Rights Act Amendments Go Into Effect July 1, 2015

The California Family Rights Act (“CFRA”) is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event, such as family care leave or leave for an employee’s own serious…more
| Labor & Employment Law

Changes in Margin Trading and Short Selling Regulations and the Potential Impact on Client Investment’s Through QFII A-Shares

The China Securities Regulatory Commission (CSRC) has revised the rules on margin trading and short selling in response to the current conditions surrounding China’s stock market. The new rules were released to the public on…more
| Commercial Law & Contracts, International Law & Trade, Securities Law

Guiding Opinions to Promote Healthy and Rapid Development of Cross-Border E-Commerce

The Chinese e-commerce industry is rapidly expanding, and the nation is the world’s second largest online retail market. The business-to-consumer industry in particular is expected to see record growth in the next few years…more
| Commercial Law & Contracts, Consumer Protection, Intellectual Property, International Law & Trade, Science, Computers, & Technology

The Supreme Court Upholds The Availability Of Subsidies On The Federal Exchange—Where Do We Go From Here?

One of the most highly anticipated decisions of the term—at least among the Sheppard Mullin Healthcare team—was issued Thursday by the Supreme Court: King v. Burwell. Six of the justices, including Chief Justice Roberts, voted…more
| Constitutional Law, Health, Insurance, Taxation

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory capture”),…more
| Administrative Law, Antitrust & Trade Regulation, Health

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
| Constitutional Law, Construction Law, Zoning, Planning & Land Use, Real Estate - Residential

Government Contracting Abroad: Beware Compliance Risks

On June 16, 2015, IAP Worldwide Services Inc., a private defense and government contracting company, agreed to pay $7.1 million to settle criminal charges of the U.S. Foreign Corrupt Practices Act (FCPA) related to bribing…more
| Business Organizations, Criminal Law, International Law & Trade, Government Contracting

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
| Health

Proposed Managed Care Rules Leave State Obligations for CHIP Largely Unchanged

The Centers for Medicare & Medicaid Services’ (CMS) proposed rule (“Rule”) that updates Medicaid managed care regulations to reflect changes in the usage of managed care delivery systems, leaves state obligations largely…more
| Health

Seventh Circuit Rejects FCA Implied False Certification Theory

On June 8, 2015, the U.S. Court of Appeals for the Seventh Circuit rejected the doctrine of implied false certification in a False Claims Act (“FCA”) lawsuit, U.S. ex rel. Nelson v. Sanford-Brown Ltd. No. 14-2506, 2015 WL…more
| Administrative Law, Civil Procedure, Education, Government Contracting

Ransoming Sensitive Personal Information: Will OPM’s Data Breach Trigger Your Insider Threats?

Perhaps it’s the books I’ve been reading or the television shows I’ve been watching, but my mind can’t seem to stop linking the recent barrage of cybersecurity attacks with those ne’er-do-wells that plagued the Caribbean from…more
| Privacy, Science, Computers, & Technology, Government Contracting

ALERT: NIST Issues Final Guidance on Federal Contractor Cybersecurity Standards for Controlled Unclassified Information

On June 19, 2015, the National Institute of Standards and Technology (NIST) published the final version of guidance for federal agencies to ensure sensitive information remains confidential when stored outside of federal…more
| Privacy, Science, Computers, & Technology, Government Contracting

The Days of the Vultures (Silicon Valley – Season 2 Finale)

This season’s finale of Silicon Valley provided Richard with only the briefest moment of victory before he once again faces losing Pied Piper. First, the arbitrator rules that because Richard used a Hooli computer while…more
| Business Organizations, Intellectual Property, Science, Computers, & Technology

Los Angeles Mayor Approves Minimum Wage Increase

On June 10, 2015, the Los Angeles City Council voted to increase the minimum wage to $15.00 an hour by 2020. Los Angeles Mayor Eric Garcetti signed the measure on Saturday, June 13, 2015. Employers are required to increase…more
| Labor & Employment Law
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