Legal Articles: Sheppard, Mullin, Richter & Hampton LLP

 







Document(s) published by this organization: 283


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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.

 

HTMLStripping the ACA of Both the Carrot and the Stick: Sticking it to Consumers On and Off the Federal Exchange
Florence T. Wang, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 23, 2015, previously published on March 13, 2015
Even as we write and you read, the Supreme Court in King v. Burwell is considering whether qualifying (often low income) individuals and families who have an opportunity to purchase healthcare coverage through the Affordable Care Act’s (“ACA’s”) federal exchange also have...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLRead the Directions Carefully Before Playing: State Department Releases Military Drone Export Guidance
Reid Whitten; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 5, 2015
The United States has a responsibility, or so the State Department tells us, to ensure the sales and exports of Unmanned Aerial Systems (UAS) are consistent with U.S. national security interests, U.S. policy, and even U.S. values. While the government would be glad to keep the export of military...

 

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.”

 


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