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HTMLSecond Circuit Holds That SIPA Does Not Permit an Inflation or Interest Adjustment to “Net Equity” Claims For Customer Property
Tyler E. Baker, Manuel F. Gomez, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on February 27, 2015
In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for the Second Circuit held that no adjustment for inflation or interest could be made under the Securities Investor Protection Act, 15 U.S.C. §...

 

HTMLKeeping Up With The Commercial Division(s)
Robert S. Friedman, Bradley Rank; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on February 24, 2015
The past year has been a busy time for anyone keeping up with the Rules for the Commercial Division of the New York State Court System. The Commercial Division Advisory Council, led by Justice Eileen Bransten, has been pushing through various reformative measures, most of which were first...

 

HTMLSecond Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law
Brian DeShannon, Adam Pekor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 10, 2015
On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal and state law claims.”

 

HTMLDOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages 
Shira Forman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 13, 2015, previously published on February 27, 2015
The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”). We earlier reported on the DOL’s proposed rule to this effect, which is now final and will become effective on March 27,...

 

HTMLSupreme Court of New Jersey Rules on Test for Independent Contractors
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 4, 2015, previously published on February 26, 2015
On January 14, 2015, the Supreme Court of New Jersey decided which independent contractor classification test should be used in determining a person’s employment status under the New Jersey Wage Payment Law (WPL) and Wage and Hour Law (WHL). In Hargrove v. Sleepy’s, LLC, No. A-70-12...

 

HTMLSEC Releases 2015 Examination Priorities
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2015, previously published on January 16, 2015
On January 13, 2015, the Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (the “SEC”) released its 2015 examination priorities. The SEC identified three thematic issues: (i) matters relating to retail investors and...

 

HTMLSEC Co-Chief of Division of Enforcement’s Asset Management Unit Identifies 2015 Exam Priorities for Hedge and Private Equity Funds
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2015, previously published on January 27, 2015
On November 18, 2014, Julie M. Riewe, Co-Chief of the Division of Enforcement’s Asset Management Unit of the Securities and Exchange Commission (the “SEC”), spoke at a Practicing Law Institute seminar and identified 2015 SEC examination priorities for investment managers of...

 

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Justice Department’s Kleptocracy Forfeiture Action Against Real Estate Allegedly Linked to Honduran Bribery Scheme Underscores U.S. Government’s Expansive Jurisdiction

Manuel F. Gomez; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on February 3, 2015
Earlier this month, the U.S. Department of Justice filed a civil forfeiture action seeking to recover certain Louisiana real estate allegedly purchased with funds traceable to a $2 million bribe paid to a former Honduran government official in the Central American country. The DOJ’s action in...

 

HTMLToward a Transactional Exemption for Emerging Company Investments
John R. Hempill; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on February 10, 2015
In “Bringing the Individual Accredited Investor Definition into the 21st Century,” which was posted on December 18th of last year, it was suggested that there might be certain common venture capital transactional structures that provide protections that could justify eliminating the...

 

HTMLNew York Wage Board Recommends $7.50 Hourly Wage for Tipped Workers
Ryan Duffy; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 9, 2015
Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to $7.50 per hour before tips.

 


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