Sheppard, Mullin, Richter & Hampton LLP San Francisco, CA Document Search Results (20)
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|When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim?|
Robert K. Sahyan; Sheppard, Mullin, Richter & Hampton LLP;
August 8, 2014, previously published on August 5, 2014A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled to administrative priority status under Bankruptcy Code section 503(b)(9) because the goods were “received by the debtor” at the time...
|Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price|
Meredith A. Jones-McKeown; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 16, 2014On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building ....
|Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court|
Gregg A. Fisch, Dorna Moini; Sheppard, Mullin, Richter & Hampton LLP;
July 11, 2014, previously published on July 9, 2014On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the California Fair Employment and Housing Act (FEHA). In its decision, the Court also...
|Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to Bottom of Chicken Coop|
Don T. Hibner, Thomas D. Nevins; Sheppard, Mullin, Richter & Hampton LLP;
July 7, 2014, previously published on June 30, 2014In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from the defendant egg producing cooperatives, and that the plaintiffs had required that defendants provide only eggs that complied with a...
|Preexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption|
Micah D. Bobo, James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
April 30, 2014, previously published on April 25, 2014A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA categorical exemption, a state Court of Appeal has held. In...
|Dry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements|
Joel Cazares, Randal B. Short, Carren B. Shulman; Sheppard, Mullin, Richter & Hampton LLP;
April 22, 2014, previously published on April 18, 2014On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and unprecedented in recent years, and is taking a pervasive toll on...
|Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases|
Dylan I. Ballard; Sheppard, Mullin, Richter & Hampton LLP;
April 21, 2014, previously published on April 16, 2014On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge Richard Posner, simultaneously granted Motorola’s petition...
|IRS Says Bitcoin Isn’t Money|
Joel Cazares; Sheppard, Mullin, Richter & Hampton LLP;
April 11, 2014, previously published on April 7, 2014On March 25, 2014 the IRS issued Notice 2014-21, which describes how the IRS will interpret existing general tax principles to apply to transactions using “virtual currencies” such as Bitcoin. This Notice is the most recent in a line of similar regulatory pronouncements issued by...
|CEQA Requires Separate Evaluation Of Mitigation Measures And Alternatives Even Where Mitigation Measures Are Incorporated Into Project Design|
Katharine E. Allen; Sheppard, Mullin, Richter & Hampton LLP;
April 2, 2014, previously published on March 26, 2014In Trisha Lee Lotus et al. v Department of Transportation et al. (1 Dist., Div. 4, 1/30/14 A137315) --- Cal.App.--- ----, 2014, the court of appeal upheld a claim by the appellants that Caltrans failed to comply with CEQA because its EIR did not consider potential mitigation measures aimed at...
|Attacking LBO Payouts as State Law Fraudulent Transfers|
Barbara Altimus Shreero; Sheppard, Mullin, Richter & Hampton LLP;
February 14, 2014, previously published on February 11, 2014The United States Bankruptcy Court for the Southern District of New York (the “Court”) in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) recently held that the safe harbor provision of 11 U.S.C. § 546(e) did not bar unsecured...