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HTMLProposed California Legislation Would Limit and Possibly Punish Non-Disparagement Clauses in Online Consumer Contracts
Tenaya Rodewald; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
On Tuesday, April, 22, the California Assembly Judiciary Committee voted 10-0 to approve a so-called “Yelp bill” that would prohibit companies from suppressing negative consumer reviews through the use of “non-disparagement clauses” in contracts with consumers. Such clauses...

 

HTMLPreexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption
Micah D. Bobo, James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA categorical exemption, a state Court of Appeal has held. In...

 

HTMLFTC Offers Guidance on Social Media Contests
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection requiring disclosure under the FTC Endorsement Guidelines. At issue before the...

 

HTMLInnovation Health: A joint venture approach to payer-provider integration in Virginia
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
In 2012, Aetna and Inova, a not-for-profit health system in Virginia, formed a joint venture health plan: Innovation Health. The health plan is an entirely new entity owned jointly by both organizations. Its network emphasizes Inova’s providers.

 

HTMLHas New York State Failed its Hospitals?
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 29, 2014, previously published on April 25, 2014
According to New York’s Department of Health Commissioner, “nearly half [of] New York’s 227 hospitals are financially distressed.”

 

HTMLOscar, A New, Venture-Backed Health Insurance Company, Seeks To Compete Against Industry Giants
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 29, 2014, previously published on April 23, 2014
The Affordable Care Act is driving innovation at all levels of the healthcare system, creating opportunities for small start-ups to compete with industry giants. One such start-up is Oscar, a venture-backed health insurance company that launched on the New York State Health Plan Marketplace, and...

 

HTMLNew Data Shows Higher Healthcare Costs in Second Half of 2013 - Is this A Result of the Affordable Care Act?
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 29, 2014, previously published on April 21, 2014
Will insurance expansion and industry consolidation result in higher healthcare costs, at least in the short term, and further stress the economy and the healthcare industry? That highly political question is being asked now in light of preliminary analysis of 2013 healthcare spending data.

 

HTMLMicrosoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 25, 2014, previously published on April 23, 2014
This past November and December, the US Federal Trade Commission (“FTC”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia Corporation of Finland...

 

HTMLFrench Court Supports Freedom of Authentication: A Win for Art Experts
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 24, 2014, previously published on April 11, 2014
Recently, the high court of appeals in Paris upheld an art expert’s right to refuse to authenticate a work of art. While this decision took nine years to come to fruition, it validates an art expert’s freedom to make an authenticity determination that he or she sees fit, free from the...

 

HTMLChanges of the Amended Regulations on Supervision and Administration of Medical Devices
Xinlan Liu; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 24, 2014, previously published on April 16, 2014
The Regulations on Supervision and Administration of Medical Devices was amended and promulgated by the State Council on March 7th, 2014, effective June 1st, 2014. The last version is from 2000. The following highlights the changes that have been made.

 


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