Practice Areas & Industries: Sheppard, Mullin, Richter & Hampton LLP

 





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Practice/Industry Group Overview

Sheppard Mullin's Litigation Practice involves all aspects of business and commercial litigation, including antitrust, creditors' rights, banking and financial institutions, construction, communications, general business, insurance, intellectual property, products liability, professional liability defense, real estate, environmental, securities, white collar criminal defense, and trust and estate litigation.

Our litigators represent clients in a broad spectrum of industries such as computers and information technology, financial services, aerospace, manufacturing, transportation, communications, pharmaceuticals, advertising, print and broadcast media, franchising, petroleum production and refining, real estate, insurance, construction, and food and beverage manufacturing, among others.

The attorneys in our Litigation Practice have substantial experience in a wide variety of vehicles for dispute resolution, including litigation, arbitration, and mediation.


 
 
Articles Authored by Lawyers at this office:

Delaware Supreme Court Holds Receiver is Required to Defend Lawsuits Brought After a Corporation is Wound-Up; Finds No Generally Applicable Statute of Limitation for Claims Against a Dissolved Corporation
James W. Geriak,James Hill,John P. Stigi, December 17, 2013
In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the Delaware General Corporation Law, 8 Del. C. §§ 278-279, require a dissolved corporation to act through a court-appointed trustee or receiver to...

$2.3 Million Trial Verdict against Newegg
Lai L. Yip, December 10, 2013
On November 25, 2013, the jury in TQP Development, LLC v. 1-800-Flowers.com, et al., U.S.D.C., E.D. Tex., No. 2:11-cv-00248-JRG-RSP, returned a $2.3 million verdict for plaintiff TQP Development, LLC (“TQP”) against Newegg, Inc. (“Newegg”) in TQP’s suit for...

Kraft v. Cracker Barrel: A Summary of Judge Posner’s Opinion and an Alternative Reverse Confusion Theory of Liability
Paul Bost, December 05, 2013
In a unanimous opinion authored by Judge Posner, the Seventh Circuit recently upheld the district judge’s granting of plaintiff Kraft Foods Group Brands LLC’s motion to preliminarily enjoin defendant Cracker Barrel Old Country Store, Inc.’s sale of food products to grocery stores...

Major League Baseball’s Antitrust “Exemption” Is Immune From Judicial Overrule
Thomas D. Nevins, November 18, 2013
The City of San Jose, California, entered into an option contract to lease land to the Oakland A’s, a Major League Baseball (“MLB”) club, for the construction of a new stadium. The land was within the exclusive territory of another MLB club, the San Francisco Giants, who refused...

Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5
Jeff Kern,Thomas M. Monahan,John P. Stigi, October 24, 2013
In United States v. Vilar, Case Nos. 10-521(L), 10-580(CON), 10-4639(CON), 2013 WL 4608948 (2d Cir. Aug. 30, 2013), the United States Court of Appeals for the Second Circuit held that Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Securities & Exchange...

Second Circuit Clarifies Scope of SLUSA Preclusion
Robin A. Achen,John P. Stigi, October 23, 2013
In Trezziova v. Kohn (In re Herald, Primeo & Thema Sec. Litig.), No. 12-156-cv, 2013 U.S. App. LEXIS 19132 (2d Cir. Sept. 16, 2013), the United States Court of Appeals for the Second Circuit affirmed the dismissal of state law class action claims alleging, among other claims, that defendants...

Sonic Calabasas Is a Tactical Retreat from Supreme Court FAA Precedent
Thomas R. Kaufman, October 23, 2013
On October 17, 2013, in Sonic-Calabasas A, Inc. v. Moreno, the California Supreme Court issued a 73-page decision (excluding concurrence and dissent) that attempted to construe the U.S. Supreme Court’s recent Federal Arbitration Act (“FAA”) decisions (Concepcion and American...

Tenth Circuit Finds that Jury Must Determine Whether “Notes Are Securities” in a Securities Fraud Action
Mercedes A. Cook,David F. Geneson,John P. Stigi, October 23, 2013
In United States v. McKye, No. 12-6108, 2013 U.S. App. LEXIS 17297 (10th Cir. Aug. 20, 2013), the United States Court of Appeals for the Tenth Circuit reversed the conviction of Brian William McKye for securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C....

Third Circuit Joins With the Seventh, Ninth and Eleventh Circuits in Holding That Plaintiffs Asserting 1933 Act Claims Need Not Plead Compliance With the Statute of Limitations, Splitting With the First, Eighth and Tenth Circuits
Sarah E. Aberg,John P. Stigi, October 23, 2013
In Pension Trust Fund for Operating Engineers v. Mortgage Asset Securitization Transactions, Inc., No. 12-3454, 2013 WL 5184064 (3d Cir. Sept. 17, 2013), the United States Court of Appeals for the Third Circuit joined the Seventh, Ninth and Eleventh Circuits, holding that Section 13 of the...

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm & Haas
Martin Bader,Stephen S. Korniczky,Matthew M. Mueller, October 14, 2013
Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp., 2012-1658. In its precedential opinion, the Federal...

Additional Price of a Judicial Reaction: Waiver of One's Contractual Right to Arbitration
Brian B. Garrett, September 26, 2013
In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten denied plaintiff Ray Volpe’s (“Volpe”) motion to compel arbitration and granted defendant The Interpublic Group of Companies, Inc.’s (“IPG”) cross-motion to stay arbitration....

First Department Sustains Connecticut Unfair Trade Practices Act and Other Claims Against Subsidiaries and Officers of Lehman Brothers Based Upon An Allegedly Improper Asset Substitution on the Eve of the Lehman Brothers Collapse
Thomas M. Monahan, September 26, 2013
In Aetna Life Insurance Company v. Appalachian Asset Management Corp, et al., 2013 Slip Op 05506 (1st Dep’t July 30, 2013) the Appellate Division affirmed the April 13, 2012 decision of the New York County Supreme Court, Commercial Division (Ramos, J.), which sustained claims by Aetna Life...

In the Wake of the California Supreme Court’s Harris Decision, A FEHA Claimant Must Show Discrimination was a “Substantial Motivating Factor” and An Employer Waives its Mixed-Motive Defense by Failing to Assert It in Its Answer
Travis J. Anderson,Gregg A. Fisch, September 23, 2013
It now should be clear to employers in California that the litigation rules are different as to what must be presented in discrimination lawsuits to succeed. Notably, just last week, in Alamo v. Practice Management Information Corp., B230909 (2nd Dist., Div. 7, Sept. 5, 2013), the California Court...

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases
Valerie E. Alter,Benjamin R. Mulcahy,Kent R. Raygor, September 16, 2013
Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became famous for doing—in this case, playing football—is not...

In the wake of the California Supreme Court's Harris Decision, A FEHA Claimant Must Show Discrimination was a "Substantial Motivating Factor" and An Employer Waives its Mixed-Motive Defense by Failing to Assert It in Its Answer
Travis J. Anderson,Gregg A. Fisch, September 12, 2013
It now should be clear to employers in California that the litigation rules are different as to what must be presented in discrimination lawsuits to succeed. Notably, just last week, in Alamo v. Practice Management Information Corp., B230909 (2nd Dist., Div. 7, Sept. 5, 2013), the California Court...

Ninth Circuit Falls In Line With Supreme Court Ruling on Class Action Removals
Thomas R. Kaufman, September 02, 2013
In Rodriguez v. AT&T Mobility, LLC, the Ninth Circuit continues a string of recent decisions cracking down on district courts’ tendency to remand class actions on the purported basis that the defendant failed to meet the burden of proof that subject matter jurisdiction exists. District courts...

Adopting Thresholds of Significance Under CEQA Not Subject to CEQA Review
Kyndra Joy Casper, August 29, 2013
In California Building Industry Association v. Bay Area Air Quality Management District (CBIA) (Case No. A135335 (Cal. Ct. App. 1st, August 13, 2013)), the First District Court of Appeal overturned the trial court and held that the thresholds of significance adopted by the Bay Area Air Quality...

Argentina's Financial Fate Now Depends on the U.S. Supreme Court
Marcos Vergara del Carril, August 29, 2013
The Second Circuit has affirmed the injunctions against Argentina in NML Capital, Ltd. v. Republic of Argentina, a case that we have been following in this blog, although the amended injunctions shall be stayed pending the resolution by the Supreme Court of a timely petition for a writ of...

Eighth Circuit Applies Negligence Standard to SEC Enforcement Claims for Violations of Section 14(a) and Rules 14a-9, 13b2-1 and 13b2-2
, August 29, 2013
In SEC v. Das, No. 12-2780, 2013 U.S. App. LEXIS 15327 (8th Cir. July 29, 2013), the United States Court of Appeals for the Eighth Circuit affirmed the district court’s delivery of jury instructions applying a negligence standard to alleged violations of Section 14(a) of the Securities...

Ninth Circuit Vacates Dismissal and Remands Shareholder Derivative "Say-on-Pay" Suits to California State Court
, August 29, 2013
In Dennis v. Hart, 2013 U.S. App. LEXIS 15648 (9th Cir. July 31, 2013), the United States Court of Appeals for the Ninth Circuit held that plaintiffs’ “say-on-pay” shareholder derivative suits alleging breach of fiduciary duty were improperly removed to federal court, vacated the...

Second Circuit Holds That The Fair Labor Standards Act Does Not Bar The Enforcement of Class Action Waivers
Sean J. Kirby, August 17, 2013
Over the past week, the United States Court of Appeals for the Second Circuit (“Second Circuit”) has issued two decisions in which it affirmatively held that: (i) a plaintiff cannot use the “effective vindication doctrine” to invalidate a class action waiver of claims...

Another Circuit Court Finds President's NLRB Recess Appointments Unconstitutional
Ryan Duffy,Kevin J. Smith, August 13, 2013
Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor Relations Board v. Enterprise Leasing Co. SE, LLC, 2013 WL 3722388 (4th Cir....

Unusual Circumstances: California Supreme Court Upholds Limited Use of Future Conditions Baseline Under CEQA
Kyndra Joy Casper, August 13, 2013
On August 5, 2013, the California Supreme Court issued a split decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. The court held that a lead agency may choose to avoid using an existing conditions baseline only where (1) the departure is justified by...

Second Circuit Rules that a "Bare-Bones" Complaint Rephrasing the Text of the FLSA is Insufficient to State an Overtime Claim
Jonathan Sokolowski,Jonathan Stoler, August 09, 2013
In Dejesus v. HF Management Systems Services, LLC, No. 12-4565 (2d Cir. Aug. 5, 2013), the Second Circuit Court of Appeals affirmed the dismissal of plaintiff Ramona Dejesus’ (“Plaintiff”) Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”)...

Dang v. San Francisco Forty Niners - Consumers can Challenge Reebok's Exclusive NFL Apparel Deal Based Just on a Market of Garments Bearing NFL Team Logos
Leo Caseria,David R. Garcia, August 08, 2013
On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D. Cal.). Plaintiff seeks to represent a class of NFL apparel purchasers who...

United States v. Windsor Creates New Estate Planning Opportunities For Married Same-Sex Couples
, August 07, 2013
The recent United States Supreme Court ruling in United States v. Windsor invalidated Section 3 of the Defense of Marriage Act, which had defined marriage as a union between a man and a woman. The ruling greatly expands the estate planning techniques available for married same-sex couples who live...

Cherry Picking Contract Provisions in Bankruptcy: Not so Taboo After All?
Blanka K. Wolfe, August 07, 2013
One of the quintessential principles of the Bankruptcy Code is that when a debtor assumes an executory contract, it must assume the contract as a whole - a debtor cannot cherry pick the contract provisions it wants to assume while rejecting others. Two recent bankruptcy court decisions - In re...

First Circuit Finds that a Private Equity Fund Can Be Liable for the Pension Obligations of its Portfolio Company
, August 07, 2013
In Sun Capital Partners III, L.P. et al. v. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24, 2013), the First Circuit held that a private equity fund could be liable for its bankrupt portfolio company’s withdrawal liability imposed...

Considerations for US Employers Post-DOMA
Megan Grant,Karin Hunter Johnson, July 31, 2013
When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of “spouse” and “marriage,” and, in so doing, altered employer obligations with respect to same-sex marriages. Although the media coverage of this decision has...