Legal Articles: Sheppard, Mullin, Richter & Hampton LLP

 







Document(s) published by this organization: 358


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HTMLTime is Running Out to Avoid the Negative Effects of 2016 Value-Based Physician Payment Modifiers: CMS Releases Results of Medicare’s Value-Based Payment Modifier for 2015 as Final PQRS Participation Deadlines for 2016 Adjustments Approach
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 23, 2015, previously published on March 11, 2015
CMS recently released results of Medicare’s value-based payment modifier for 2015. This is the first year in which physicians are subject to adjustments under the payment system and, in this first phase of implementation, only affects practices with 100 or more eligible professionals.

 

HTML“Unlimited” Time Off Policies - Fad or Fun?
Paul S. Cowie; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 17, 2015
Over the past several years the concept of “unlimited” vacation policies have sprung up around the philosophy that it allows companies to treat its employees with respect and empower them to make their own decisions regarding when to work and when to play. Being at the center of...

 

HTMLHospices To Self-Report Cap Without Sequestration; MACs To Capture Sequestration Later
Brian M. Daucher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 5, 2015
This week, the Medicare Administrative Contractors issued instructions for hospices to self-report FY 2014 hospice cap (reports due this month, March 31, 2015). These instructions include a spreadsheet substantially similar to what we offered earlier this year. Hospices that fail to submit reports...

 

HTMLU.S. Supreme Court Holds Agency Interpretations Are Not Subject To Notice-and-Comment Rulemaking Requirement
Karina A. Layugan, Marlene M. Nicolas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 16, 2015
In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption. In 2006, the Bush DOL issued an opinion letter finding that mortgage loan officers qualified for the administrative exemption. In 2010, the Obama DOL withdrew the 2006 opinion letter...

 

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.”

 

HTMLPRC Foreign Investment Draft Law: What You Should Know
Jiamu Sun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 5, 2015
On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign Investment Law Draft for Comments dated February...

 

HTMLYou Again?: Application of the First-to-File Bar Where Subsequent Actions Are Brought By the Same Relator
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on February 25, 2015
The Federal False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the “relator”) seeks to sue on behalf of the Government. One of these, the so-called “first-to-file” bar, applies...

 

HTMLAdd Importers to Those Facing Expanding Whistleblower Claims under the False Claims Act
Curtis M. Dombek, Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 5, 2015
On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA) alleging that they had made false declarations to U.S. Customs and Border...

 

HTMLAscertainability Saps Plaintiffs’ Energy in Dietary Supplement Class Action
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 4, 2015
In the recent decision Mirabella v. Vital Pharmaceuticals, Inc., Case No. 12-62086-CIV-ZLOCH (S.D. Fl. Feb. 27, 2015) the plaintiffs attempted, but failed, to certify a nationwide class of all purchasers of an energy drink that allegedly caused harmful side-effects. The plaintiffs brought claims...

 

HTMLCalifornia Makes Anti-Bullying Training A Component Of Mandatory Harassment Training
Will (Won Bin) Kim, Marlene M. Nicolas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 10, 2015
California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training required by Government Code Section 12950.1, which requires employers with 50 or...

 


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