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Sheppard, Mullin, Richter & Hampton LLP San Francisco, CA Document Search Results (20)

 

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HTMLWhen 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;
Legal Alert/Article
August 8, 2014, previously published on August 5, 2014
A 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...

 

HTMLPrincipal 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;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
On 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 ....

 

HTMLUndocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court
Gregg A. Fisch, Dorna Moini; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 11, 2014, previously published on July 9, 2014
On 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...

 

HTMLOf 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;
Legal Alert/Article
July 7, 2014, previously published on June 30, 2014
In 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...

 

HTMLPreexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption
Micah D. Bobo, James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
A 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...

 

HTMLDry 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;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
On 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...

 

HTMLSeventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases
Dylan I. Ballard; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
On 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...

 

HTMLIRS Says Bitcoin Isn’t Money
Joel Cazares; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
On 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...

 

HTMLCEQA 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;
Legal Alert/Article
April 2, 2014, previously published on March 26, 2014
In 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...

 

HTMLAttacking LBO Payouts as State Law Fraudulent Transfers
Barbara Altimus Shreero; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 11, 2014
The 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...

 


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