Legal Articles: Sheppard, Mullin, Richter & Hampton LLP

 







Document(s) published by this organization: 329


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HTMLSham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?
Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 19, 2014, previously published on August 12, 2014
Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may harm competition or competitors. The Supreme Court has...

 

HTMLNo CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters
Tiffany Duong; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
August 18, 2014, previously published on August 8, 2014
The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: (1) the Elections Code, which requires at most an abbreviated review, provides...

 

HTMLBundled Payments under the Affordable Care Act Continue to Gain Influence
Eric A. Klein, Lynsey Mitchel, Lauren Lee Tarantello; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
The Center for Medicare and Medicaid Services (CMS) recently announced that it will add roughly 4,100 providers to the 2,400 existing providers testing the possible use of Medicare bundled payment contracts. Providers must apply to be candidates, and this group of now roughly 6,500 providers,...

 

HTMLNew York’s Health Information Highway - SHIN-NY - Get Involved as it Gets Rolling
Eric L. Altman, Vinay Bhupathy; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
The Statewide Health Information Network of New York , also referred to as SHIN-NY, is a State-sponsored secure database network that is intended to house patient records, clinical data as well as other critical health care information across the State. The network is designed to be an...

 

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...

 

HTMLThird Circuit Says Classwide Arbitration a Matter for Courts to Decide
Ryan Duffy, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 8, 2014, previously published on August 7, 2014
The U.S. Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration.

 

HTMLHighlights from the Senate Special Committee on Aging’s Hearing on Medicare Observation Status
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 8, 2014, previously published on August 6, 2014
A recent Senate Special Committee on Aging hearing focused on the impact of Medicare observation status, a hospital outpatient designation for which Medicare covers fewer services and generally reimburses for services at a lower rate compared to inpatient care.

 

HTMLTwo UPC Resellers Settle FTC Invitation to Collude Investigation
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their principals, Jacob Alifraghis and Philip Peretz, who...

 

HTMLDOJ’s FCPA Enforcement Power Gets A Big Boost
Bethany Hengsbach; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on July 29, 2014
In 2011, the Department of Justice (“DOJ”) stated that “[i]t’s not necessarily the wisest move for a company” to challenge the definition of “foreign official” under the Foreign Corrupt Practices Act (“FCPA”), and that “[q]uibbling over...

 

HTMLSD3 v. Black & Decker (U.S.), Inc. - District Judge Axes Complaint Alleging Table Saw Safety Standards Conspiracy
Leo Caseria; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
The pen may be mightier than the sword, but not necessarily mightier than the table saw. On July 15, 2014, in SD3 v. Black & Decker (U.S.), Inc., Case No. 1:14-cv-191 (E.D. Va.), District Judge Claude M. Hilton dismissed antitrust claims by SD3 and Sawstop against several manufacturers of...

 


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