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HTMLNinth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 17, 2015, previously published on November 24, 2014
The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a possible litigation challenge to federal approvals that Shell received for Arctic oil exploration. After receiving the approvals, but before any suit had been...

 

HTMLTerrorism Risk Insurance Act Set to Expire at Year End
Eric L. Altman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 17, 2015, previously published on December 18, 2014
The Terrorism Risk Insurance Act (TRIA) now appears set to expire as of December 31, 2014, barring further action from Congress. The Terrorism Risk Insurance Program Reauthorization Act of 2014 would have extended the existing terrorism insurance coverage under TRIA. Although the House of...

 

HTMLFourth District’s Split Decision Further Complicates CEQA Requirements Surrounding GHG Impact Analysis and Mitigation Measures - Dissent Warns Majority Opinion Will Weaken and Confuse the Law
Jeffrey W. Forrest, Jennifer L. Gunsch; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 17, 2015, previously published on December 11, 2014
In a split decision on November 24, 2014, the Fourth District California Court of Appeal invalidated the program EIR for San Diego Association of Governments’ (SANDAG) 2050 Regional Transportation Plan/Sustainable Communities Strategy (Regional Transportation Plan). The court found the EIR in...

 

HTMLCity of Los Angeles Delays Issuance of Demolition Permits for Most Structures More Than 45 Years Old
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 17, 2015, previously published on December 16, 2014
Starting in January 2015, the City will not issue demolition permits for structures more than 45 years old until the applicant has conspicuously posted a demolition notice on the property, sent letters to abutting neighbors and notified the applicable City Council District Office at least 30 days...

 

HTMLNew Customs Credit Measures
Sharon Xu; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 16, 2015, previously published on December 1, 2014
The General Administrations of Customs issued the Interim Measures of the Customs of the People¿s Republic of China for the Administration of Enterprise Credit (the ¿Interim Measures¿) on October 8th, 2014, which is effective as of December 1, 2014.

 

HTMLChina Arbitration Update: New CIETAC Rules Effective January 1, 2015
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 16, 2015, previously published on December 1, 2014
The China International Economic & Trade Arbitration Commission (CIETAC) approved a new set of arbitration rules effective on January 1, 2015. The 2015 CIETAC Rules include a number of important updates and revisions that bring CIETAC arbitration proceedings closer in line with international...

 

HTMLChina and Australia Conclude Landmark Free Trade Agreement Negotiations
Neil Ray, Jiamu Sun; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 16, 2015, previously published on November 25, 2014
On November 17, 2014, China and Australia completed their negotiations for a China-Australia Free Trade Agreement (“ChAFTA”) by signing a Declaration of Intent which contained the essential elements of the free trade deal and commits both countries to draft the legal text of the...

 

HTMLChina Court Ruled Infringement for Ambush Marketing in Film Industry
Meng Yan; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 16, 2015, previously published on November 20, 2014
The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a particular event without paying any sponsorship/license fee. As...

 

HTMLSCOTUS Denies Petition For Cert In Iskanian
Lisa M. Harris, Frances M.K. Hernandez, Marlene M. Nicolas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 13, 2015, previously published on February 2, 2015
On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC. While the Court in Iskanian confirmed that an express class action waiver in an employment arbitration agreement is enforceable under California law, it also held that...

 

HTMLCourt of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal
Daniel N. Yannuzzi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 13, 2015, previously published on February 5, 2015
In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”) decision to institute inter partes review...

 


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