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HTMLRound Two: Prosecutors Reopen Bank Settlements
Thaddeus Rogers McBride, Cheryl Palmeri; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 6, 2014
With our political system suffering from a growing chasm down party lines, our public servants seem to be increasingly vulnerable to public pressure. Politicians scramble to fight for whatever cause du jour will garner them the most support. And lately, no political act is guaranteed to please Main...

 

HTMLAllegations That Designer Wedding Dress Line Constitutes A Relevant Product Market Found Implausible
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on December 30, 2014
Allegations that a highly specialized designer line of wedding dresses lacks reasonable substitutes fail to support allegations of Sherman Act violations for price fixing and group boycott claims. House of Brides etc., v. Alfred Angelo, Inc., Case No. 1:11-cv-07834 (N.D. Ill., December 4, 2014).

 

HTMLFTC Proposes Consent Order to Settle Charges Alleging Misrepresentations by Patent Assertion Entity
William F. Ahmann, Mukund H. Sharma; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 7, 2014
On November 6, 2014, the Federal Trade Commission proposed a consent order that would settle charges against a patent assertion entity, MPHJ Technology Investments, LLC (“MPHJ”), and a law firm that represented MPHJ.

 

HTMLCalifornia To Expand Its Data Breach Notification Rules
Brian R. Blackman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 4, 2014
California has broadened its data breach notification statutes in response to the increasing number of large data breaches of customer information. AB 1710, which Governor Jerry Brown signed into law, amends California’s Data Breach Notification Law to (1) ban the sale, advertising for sale...

 

HTMLECR Episode XI: Rewriting the Guide to the Galaxy - Satellites Passed to Commerce Control
Reid Whitten; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on Novembe 6, 2014
Glancing through the fictional but fascinating Hitchhiker’s Guide to the Galaxy (Rsch. Ford Prefect; Pub. Megadodo Publications), one might recognize that the assertions therein are a bit confusing. Similarly, one might become confused when reviewing another, less whimsical, guide to the...

 

HTMLDistrict Court Strikes Down Regulation of Purely Intrastate Species on Private Land
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 11, 2014
In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that the challenged regulation went beyond the scope of the Commerce Clause...

 

HTMLNew FDA Draft Guidance on REMS and Bioequivalence Studies: Does New Procedure Secure ANDA Applicants The Right to Obtain Samples?
Peter S. Reichertz, Carrie A. Ross; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on January 5, 2015
Applicants seeking approval of Abbreviated New Drug Applications (ANDAs) in most cases must perform bioequivalence studies comparing their proposed generic product to the innovator drug listed in the Orange Book, called the “Reference Listed Drug” or “RLD”. Issues have...

 

HTMLIf They Could Be All You Wanted: The FCC Gets Serious About Small Cells
J. Aaron George, Douglas A. "Drew" Svor, Dave Thomas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on October 28, 2014
Say what you will about inside-the-Beltway leadership vacuums, political gridlock and the indecipherable output from the grey, grinding gears of our government agencies, but once in a while Washington actually gets it right. Or mostly right.

 

HTMLUpdate: Sandoz and Celltrion Decline the Invitation to Dance: Biosimilars Challenge the Applicability of the BPCIA’s Exchange Provisions Before Bringing Suit
Michelle C. Kim, Peter S. Reichertz; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on December 16, 2014
In our previous blog post of November 11, 2014, we noted that Celltrion had filed a declaratory judgment action against Kennedy Trust for Rheumatology Research for invalidity of certain patents covering methods of treating rheumatoid arthritis. Celltrion Healthcare Co. v. Kennedy Trust for...

 

HTMLAFL-CIO’s Industry Wide Agreement May Have Wide Reach in Hospitality Industry
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 5, 2015
Mid-way through 2012, the Hotel Association of New York City and the New York Hotel & Motel Trades Council, AFL-CIO (the “Union”), renewed a seven-year collective bargaining agreement known as the Industry Wide Agreement, or IWA. While the IWA controls nearly all aspects of the...

 


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