Sheppard Mullin Richter & Hampton LLP

The Supreme Court Holds That Medicaid Providers Cannot Sue To Enforce Federal Reimbursement Rate Standards

On March 31, 2015, the U.S. Supreme Court issued its decision in Armstrong v. Exceptional Child Center, Inc., holding that Medicaid providers cannot sue to enforce reimbursement standards set forth in federal Medicaid law…more
| Administrative Law, Civil Procedure, Constitutional Law, Health

Creative Construction: The Ninth Circuit Relaxes Removal Statute’s Timeliness Test in Class Action Fairness Act Cases

In Jordan v. Nationstar Mortgage LLC, No. 14-35943 and 15-35113, 2015 WL 1447217 (Apr. 1, 2015 9th Cir.), a Ninth Circuit panel held that cases subject to the Class Action Fairness Act (“CAFA”) become “removable” only when…more
| Civil Procedure, Finance & Banking, Consumer Protection

Baker v. Microsoft Corporation: Game Companies Beware, Ninth Circuit Court of Appeals Decision May Make It More Difficult to Defeat Class Actions

A Quick Overview - The Ninth Circuit Court of Appeals recently reversed a district court’s decision to strike the class action allegations of a putative class action against Microsoft…more
| Civil Procedure, Products Liability, Science, Computers, & Technology

The NLRB’s Changes to Representation Case Procedures

Beginning on April 14, 2015, the National Labor Relations Board’s (“NLRB” or the “Board”) new representation case procedural rules will be applied to all representation petitions filed thereafter…more
| Administrative Law, Labor & Employment Law

A Carriage of Justice: Obama to Remove Cuba from Terrorist Sponsor List

In a move that may honestly mean more to America than to Cuba, the White House has announced that President Obama will remove Cuba from the U.S. list of “State Sponsors of Terrorism.” The U.S. Department of State has listed Cuba…more
| Elections & Politics, International Law & Trade

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 & Trade Regulation, Commercial Law & Contracts, International Law & Trade

Dazed and Confused: The TCPA’s Health Care-Related Call Exemption

In early 2012, Robert Kolinek received an automated call on his cell phone from Walgreens reminding him to refill an eligible prescription. Despite the fact that even the plaintiff’s lawyers ultimately acknowledged that these…more
| Communications & Media Law, Consumer Protection, Privacy, Health

Justice Anil C. Singh Appointed to New York County Commercial Division

On Tuesday, April 7, 2015, Justice Anil C. Singh of the New York Supreme Court was appointed to the New York County Commercial Division. Justice Singh succeeds Justice Melvin Schweitzer, who retired last year. According to his…more
| Civil Procedure, Commercial Law & Contracts

U.S. Authorizes Targeted Sanctions Against Overseas Cyber Threats

Cyber threats are one of the U.S.’s top security threats. In just the past year, there has been a significant increase in the frequency, scale and sophistication of cyber intrusions and attacks – many of them originating…more
| Elections & Politics, Privacy, Consumer Protection, International Law & Trade, Science, Computers, & Technology

Update: Iran Nuclear Deal

Iran and the Western powers have agreed to agree again. On April 2, 2015, the so-called P5+1 (the United States, the UK, China, France, and Russia) along with the EU, have joined Iran in announcing that they have reached a set…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade

United States Supreme Court Resolves Circuit Split Regarding Section 11 Claims Predicated Upon Allegedly Misleading Statements of Opinion

In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435, 2015 WL 1291916 (U.S. Mar. 24, 2015), the United States Supreme Court addressed the circumstances under which a claim alleging that…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

S.E.C. Adopts Final Rules Amending Regulation A

On March 25, 2015, the Securities and Exchange Commission adopted final rules amending its Regulation A, i.e., the so-called “Regulation A+ Rules”. Regulation A has been a little used provision in the securities laws due to,…more
| Business Organizations, Finance & Banking, Securities Law

New Illinois Laws in 2015: What Employers Should Know

Ban the Box - Joining the current “Ban the Box” trend, effective January 1, 2015, the Job Opportunities for Qualified Applicants Act prohibits Illinois employers from asking job applicants about their criminal record or…more
| Civil Rights, Labor & Employment Law

Paying the Piper: PayPal Inc. Settles Sanctions Violations with OFAC for $7.7 Million

On March 25, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) announced that PayPal Inc. (“PayPal”) agreed to pay $7.7 million to settle 486 violations of U.S. economic sanctions. According to OFAC,…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, International Law & Trade

10 Things You Didn’t Know You Could Import From Cuba

One aspect of the dramatic shift in U.S. policy toward Cuba that has not been widely reported is a relaxation of the old rule prohibiting imports of most Cuban goods and services. Under the new rules, if your Cuban supplier is…more
| Commercial Law & Contracts, International Law & Trade
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