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HTMLThe Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising, especially given the recent high-profile data breaches, the litigation threats surrounding those...

 

HTMLSweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine. The court held that the determination of the...

 

HTMLMcSweeny Confirmed to Fill Vacancy at FTC
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 21, 2014, previously published on April 10, 2014
The Federal Trade Commissions will soon be back to having a full complement of five commissioners. Today, the U.S. Senate, by a vote of 95 to 1, confirmed Terrell McSweeny to fill a vacancy at the agency created by the departure of Jon D. Leibowitz more than a year ago. Her term runs through...

 

HTMLSeventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases
Dylan I. Ballard; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge Richard Posner, simultaneously granted Motorola’s petition...

 

HTMLHHS Releases New Software for Updating (but not replacing) HIPAA Security Risk Assessment Toolkits
Eric A. Klein, Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 16, 2014, previously published on April 14, 2014
Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA).

 

HTMLEqual Pay Issues Addressed by President Obama on “National Equal Pay Day,” When He Signed An Executive Order and Presidential Memorandum Affecting Federal Contractors
Karin Hunter Johnson, Ryan J. Munitz; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 15, 2014, previously published on April 10, 2014
On April 8, 2014, President Obama signed a Presidential Memorandum that will require federal contractors and subcontractors to provide to the U.S. Department of Labor compensation data based on their employees’ sex and race. The President also signed that day an Executive Order preventing...

 

HTMLEnforcement of the Two-Midnight Rule Delayed Again
Lynsey Mitchel, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
Last week President Obama signed into law a measure to extend Medicare physician pay rates for one year and to extend the enforcement delay of the “Two-Midnight” rule through March 2015. Medicare Recovery Audit Contractors (RACs) are prohibited from auditing inpatient hospital claims...

 

HTMLIs Wheeler Gaga for Gigabit? The FCC Liberates 100 MHz of Spectrum for Unlicensed Wi-Fi
Douglas A. "Drew" Svor, Dave Thomas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
On April 1, the FCC took steps to remedy a small but growing annoyance of modern life: poor Wi-Fi connectivity. Removing restrictions that had been in place to protect the mobile satellite service uplinks of Globalstar, and by unanimous vote, the FCC’s First Report and Order on U-NII will...

 

HTMLDavis-Bacon CityCenterDC Case
Karin Hunter Johnson, Nick Schnermann; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained buildings to be occupied by private citizens and businesses. Judge...

 

HTMLSpacing Out: BIS Issues Report on Export Controls and the Space Industrial Base
Fatema K. Merchant; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 3, 2014
In February 2014, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a report (“Report”) detailing the impact of export controls on the U.S. space industry. Titled the “U.S. Space Industry ‘Deep Dive’...

 


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