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HTMLHall v. Rite Aid and the Return of the Underpants Gnomes
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on May 27, 2014
The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification. In a misunderstanding of a general class action principle discussed in Brinker Restaurant...

 

HTMLQuantifying and Addressing Improper Payments for Medicare Evaluation and Management Services
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 2, 2014
A review of Medicare Part B claims for evaluation and management (E/M) services conducted by the Office of the Inspector General (OIG) has found that the program paid $6.7 billion in improper payments in 2010. This figure represents 21 percent of all E/M payments for the year; E/M payments,...

 

HTML“They’re Here” - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule ... and its NASA “Spinoff”
Alexander Major; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 6, 2014, previously published on May 20, 2014
If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is sure to keep many supply chain managers up at night....

 

HTMLDeveloper-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 5, 2014, previously published on June 2, 2014
In a precedent-setting decision, the First District Court of Appeal approved the alternatives analysis used to support a massive 35-year landfill expansion in the Suisun Marsh. Challengers argued that more evidence was required to reject a reduced-size, shorter-term alternative on the ground of...

 

HTMLProposed modifications to EHR Incentive Programs
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 2, 2014, previously published on May 27, 2014
Last year, HHS revised policies and definitions surrounding what constitutes certified EHR technology—required for meaningful use incentive program payment eligibility—from the 2011 Edition criteria to the 2014 Edition criteria. Now, CMS has issued a proposed rule in response to...

 

HTMLWhat’s New Out There? Highlights from the Federal Register
Townsend L. Bourne; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 20, 2014
The Department of Defense issued a final rule on May 6, 2014 that sets forth contractor responsibilities related to the detection and avoidance of counterfeit electronic parts, including the obligation to report counterfeit or suspected counterfeit electronic parts.

 

HTML“They’re Here” - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule ... and its NASA “Spinoff”
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 20, 2014
If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is sure to keep many supply chain managers up at night....

 

HTMLOnce More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations
Douglas A. "Drew" Svor, Brian D. Weimer, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 16, 2014
Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed Rulemaking (NPRM) that initiated a renewed effort to foster and...

 

HTMLFirst Circuit Affirms District Court’s Exclusion of Event Study as Unreliable Under Daubert
John M. Landry, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 22, 2014
In Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse Sec. (USA) LLC , No. 12-1750, 2014 U.S. App. LEXIS 8994 (1st Cir. May 14, 2014), the United States Court of Appeals for the First Circuit affirmed a district court’s exclusion of an event study as unreliable under...

 

HTMLSome Interesting Numbers Regarding Merger Review: The Hart-Scott-Rodino Annual Report for Fiscal Year 2013
Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 22, 2014
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) requires that proposed acquisitions of voting securities, assets or non-corporate interests meeting certain criteria be reported to the Federal Trade Commission (the “FTC”) and the Antitrust Division of...

 


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