Document(s) published by this organization: 336
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|Beyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations|
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
June 30, 2014, previously published on June 19, 2014In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition established a monopoly in the market for petroleum wax-based oxidates. After the acquisition, Lubrizol increased prices for oxidates in March, July and...
|Last Wishes, First Impression: Potential Legal Issues Arise After Munich Recluse Passes Away, Bequeathing Nazi-looted Art to a Swiss Museum|
Sheppard Mullin Richter Hampton LLP;
June 27, 2014, previously published on June 11, 2014Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix, and Chagall. The unusual legal issue here: one month before his...
|The Future of DSH Payments?|
Eric A. Klein, Selene Mak; Sheppard, Mullin, Richter & Hampton LLP;
June 27, 2014, previously published on June 17, 2014According to the Centers for Medicare and Medicaid Services (CMS), the federal government disburses $11.5 billion annually in disproportionate-share hospital (DSH) payments to states. DSH payments are intended to offset the cost of treating the uninsured (uncompensated care) and Medicaid shortfalls...
|Expected Executive Order Protecting LGBT Employees has Implications for Employers|
Christopher J. Collins, Ryan Duffy; Sheppard, Mullin, Richter & Hampton LLP;
June 25, 2014, previously published on June 23, 2014The White House announced last week that President Barack Obama is preparing to issue an executive order prohibiting government contractors from discriminating against employees or job applicants on the basis of sexual orientation or gender identity. Federal contractors are already barred from...
|Proposed Health IT Strategy Aims to Promote Innovation|
Eugene Y.C. Ngai, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
June 17, 2014, previously published on June 11, 2014On April 7, 2014, the Food and Drug Administration (FDA), in consultation with the Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC) released a draft report addressing a proposed strategy and recommendations on an...
|California Documentary Transfer Tax: Separate Unrecorded Statement of Tax No Longer Allowed After December 31, 2014|
D. Matthew Richardson; Sheppard, Mullin, Richter & Hampton LLP;
June 16, 2014, previously published on June 11, 2014The California Documentary Transfer Tax Act requires the amount of documentary transfer tax due to be shown on the face of the document. However, if the party submitting the document for recordation requests, then the amount of tax due may be shown on a separate paper affixed to the recorded...
|CEQA Class 3 Categorical Exemptions Permitted for AT&T Installations|
Amar Naik; Sheppard Mullin Richter Hampton LLP;
June 16, 2014, previously published on June 11, 2014The First District Court of Appeal held that AT&T’s proposed installation of new utility cabinets in the City of San Francisco fell within CEQA’s Class 3 categorical exemption for the “installation of small new equipment and facilities in small structures.” The court...
|EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and Evidence Supporting Measures’ Effectiveness in Substantially Reducing Air Quality Impacts Blamed|
Jeffrey W. Forrest, Zak Welsh; Sheppard, Mullin, Richter & Hampton LLP;
June 16, 2014, previously published on June 11, 2014Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California Environmental Quality Act by failing to adequately (1) analyze the health...
|U.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.|
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
June 13, 2014, previously published on May 27, 2014The U.S. Supreme Court (“Court”) issued a 5-4 decision today in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”). The Court in Michigan v. Bay Mills...
|Pennsylvania Appellate Court Finds Uniform Written Obligations Act Inapplicable to Covenants Not to Compete|
Karin Hunter Johnson; Sheppard, Mullin, Richter & Hampton LLP;
June 11, 2014, previously published on June 4, 2014In a case of first impression, the Pennsylvania Superior Court (one of Pennsylvania’s two state appellate courts) recently issued a ruling in Socko v. Mid-Atlantic Systems of CPA, Inc. (“Socko”), 1223 MDA 2013 (May 13, 2014), clarifying that compliance with Pennsylvania’s...