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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...

 

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...

 

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...

 

HTMLNew York Court Finds That Plaintiff Who Never Worked a Day For Company Is Not Entitled To A $350,000 Performance Bonus
Kevin J. Smith, Jonathan Sokolowski; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 13, 2015, previously published on February 2, 2015
On January 20, 2015, the United States District Court for the Southern District of New York issued a decision plainly reminding employers of the importance of precisely drafting employment documents. In the case of In re Lehman Brothers Holdings Inc., 2015 WL 247403 (S.D.N.Y. Jan. 20, 2015), the...

 

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...

 

HTMLAppellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law
Ryan Duffy, Lisa M. Harris, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 13, 2015, previously published on January 23, 2015
On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his association with another person - in this case, his wife. In Jeffrey Chiara...

 

HTMLTeva v. Sandoz (USSC) - Standard for Appellate Review of Claim Construction Rulings
Michael V. Solomita; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 13, 2015, previously published on January 23, 2015
On Jan. 20, 2015, the U.S. Supreme Court issued a decision setting forth a new standard for appellate review of a district court’s claim construction ruling. Teva Pharmas. USA, Inc. v. Sandoz, Inc., No. 13-854, slip op., 574 U.S. &under;&under; (2015). Prior to this decision, a district...

 

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).

 

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...

 

HTML2014 Cap Year Mandatory Hospice Cap Calculation - Be Ready
Brian M. Daucher, Douglas Robert Luther; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 4, 2014
With the 2014 cap year just concluded, it’s time to think about the new cap calculation requirements.

 


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