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HTMLUnlawful Development Permit Conditions Not Binding On Second Permit Applicant When Original Permit Expires Without Use - Second District Changes Mind On Changed Facts
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on October 30, 2014
A major fact correction on rehearing led the Second Appellate District to reverse its earlier ruling in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 10/23/14, B243015 (on rehearing). The court has now held that collateral estoppel does not prevent a landowner from letting a permit...

 

HTMLSupreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review. The Supreme Court previously held, in its 2012 Sackett opinion, that an...

 

HTMLDelaware Court of Chancery Rejects Contemporaneous Ownership Requirement for Creditors Asserting Derivative Claims
Andrea N. Feathers, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery held that when creditors of insolvent firms assert derivative claims, they need not meet the contemporaneous ownership requirement applied to...

 

HTMLSixth Circuit Narrows Scope of Liability Under ICA Sections 36(a) and (b)
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 12, 2014, previously published on October 8, 2014
In Laborers’ Local 265 Pension Fund v. iShares Trust, No. 13-6486, 2014 U.S. App. LEXIS 18627 (6th Cir. Sept. 30, 2014), the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of claims alleging violations of the fiduciary duties imposed by Sections 36(a) and 36(b) of...

 

HTMLTribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off
Whitney Hodges, John E. Ponder; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2, 2014
In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd. Dist. 2014) strictly interpreted the California Environmental Quality Act’s definition of “public agency,” holding that it only applies...

 

HTMLAccounts and Accountability: Arab Bank Found Liable for Transactions Under the Anti-Terrorism Act
Fatema K. Merchant; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 14, 2014, previously published on October 9, 2014
On September 22, 2014, a Brooklyn jury found Arab Bank, Jordan’s largest lender, guilty of violating the U.S. Anti-Terrorism Act for providing financial services to individuals and entities linked to Hamas. Hamas is currently designated as a terrorist organization by the U.S. Treasury...

 

HTMLBeyond the Checklist: Seven Keys to Effective Trade Due Diligence
Mark L. Jensen, Thaddeus Rogers McBride; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 14, 2014, previously published on October 9, 2014
Anti-corruption due diligence can be vexing even in the best of conditions; it is often made more complicated by time and business pressures that arise in the context of a merger or acquisition or an urgent sales opportunity. Anti-corruption compliance is always fact-intensive, and due diligence...

 

HTMLUPDATE: Comment Period for OPR Rethink of CEQA Guidelines on Transportation Impacts Extended Until November 21, 2014
Tetlo N. Emmen, Alfred Fraijo; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
The Governor’s Office of Planning and Research (OPR) has extended the comment period for its draft of changes to the way that transportation impacts are analyzed under the California Environmental Quality Act (CEQA). The new deadline for submission of comments is November 21, 2014. OPR is...

 

HTMLNew Commercial Division Rule Seeks to Streamline Privilege Log Requirements for Litigants
Sarah E. Aberg, Lindsay Colvin; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 10, 2014, previously published on October 7, 2014
Effective September 2, 2014, the New York Supreme Court implemented a major change to the Commercial Division rules governing privilege logs submitted during the course of litigation. (See New York Supreme Court, Administrative Order of the Chief Administrative Judge of the Courts: Rule 11-b (July...

 

HTMLGovernor Signs Off on New Tax-Increment Financing Structure
Alfred Fraijo, Kira N. Teshima; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 10, 2014, previously published on October 7, 2014
On September 29, Governor Brown signed legislation that is seen as creating a robust new financing tool which will expand the existing mechanism of Infrastructure Financing Districts (“IFDs”) and replicate some of the functions of the state’s abolished local redevelopment...

 


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