Legal Articles: Sheppard, Mullin, Richter & Hampton LLP

 







Document(s) published by this organization: 336


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HTMLDOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages
Christopher J. Collins, Shira Forman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages.

 

HTMLDelaware Court of Chancery Rejects Indemnification Sleight of Hand
Thomas Michael, Ariel Yehezkel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
In Branin v. Stein Roe Inv. Counsel, LLC, C.A. 8481-VCN, 2014 WL 2961084 (Del. Ch. June 30, 2014), the Delaware Court of Chancery held that a vested right to indemnification may not be rescinded by a subsequent amendment to the governing corporate document.

 

HTMLShedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...

 

HTMLNinth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp.
J. Aaron George, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, could not be...

 

HTMLSecond Circuit Finds Possible Pretext in Vague Justification for Non-Transfer
Adam Pekor, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that statements concerning an employee’s “fit” for a position...

 

HTMLConan Doyle Estate’s Quixotic Attempt to Protect Sherlock Holmes
Eric K. Gill; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 22, 2014, previously published on July 15, 2014
Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law. While the holding was perhaps to be expected, the opinion introduced a mystery of its own: If not copyright, what will stop today’s...

 

HTMLIs Your Out-of-State LLC “Doing Business” in California?
D. Matthew Richardson, Dina B. Segal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 21, 2014, previously published on July 15, 2014
Individuals and entities, including those from outside California, who invest in or do business through an out-of-state limited liability company (“LLC”) may be surprised to find out that they have filing obligations and tax liabilities in California as a result of California’s...

 

HTMLCMS Seeks to Update Payment Rates and Eligibility Certification Requirements in Proposed Rule for Medicare Home Health Services
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 17, 2014, previously published on July 7, 2014
On July 7, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule updating Medicare’s Home Health Prospective Payment System payment rates for 2015.

 

HTMLOIG Issues Special Fraud Alert on Laboratory Payments to Referring Physicians
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
The Health and Human Services Office of the Inspector General (OIG) recently issued a Special Fraud Alert on laboratory payments to referring physicians. Specifically, the alert is concerned with Specimen Processing Arrangements and Registry Arrangements, which OIG believes pose substantial risks...

 

HTMLToo Good To Be True: FTC’s Crackdown On L’Occitane’s Body Slimming Almond Extracts
Jordan Grushkin, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 16, 2014, previously published on July 11, 2014
L’Occitane Inc’s advertisements for its topically-applied body sculpting almond extracts seemed straightforward: “Almond Shaping Delight 3 out of 4 women saw firmer, lifted skin. This luxuriously lightweight massage gel instantly melts into the skin to help visibly refine and...

 


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