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HTMLCMS Defines “Uninsured” for Medicaid DSH Payments But Leaves Impact on Hospital-Specific Payments Undefined
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 11, 2014
CMS’ Final Rule, “Medicaid; Disproportionate Share Hospital Payments - Uninsured Definition”, published on December 3, 2014, may offer relief to some hospitals receiving Medicaid disproportionate share hospital (DSH) payments under the Social Security Act. Starting December 31,...

 

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...

 

HTMLCalifornia Insurance Commissioner Issues Emergency Regulations Affecting Narrow Provider Networks
Eugene Y.C. Ngai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 12, 2015
On January 5, 2015, Commissioner Dave Jones issued emergency regulations affecting health insurers with respect to access to provider networks in response to consumer complaints that appointments with physicians are hard to obtain, that in-network care is far away, and that in-network provider...

 

HTMLNation’s Highest Court Schedules Oral Arguments in King v. Burwell
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
A Supreme Court of the United States (SCOTUS) spokesperson announced on December 22, 2014, that the Court will hear oral arguments in King v. Burwell on March 4, 2015. This means that not only could the highest court soon resolve the circuit split on the case’s key issue, but that the future...

 

HTMLWhat Can You Expect in 2015 Regarding HIPAA Enforcement?
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 22, 2014
As of earlier this month, 1,170 breaches involving 31 million records have been reported to the Department of Health and Human Services (HHS) since mandated reporting of breaches began in September 2009. An increase in the number of breaches isn’t the only statistic on the rise. Although...

 

HTMLViability of Certain Internet and Software Patents Reconfirmed in DDR Holdings, LLC v. Hotels.com
Bill Blonigan; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 23, 2015, previously published on December 9, 2014
For those following the law of patent eligibility in the United States, a December 5, 2014 precedential decision by the Court of Appeals for the Federal Circuit held that a patent on webpage-display technology is patent eligible under 35 U.S.C. § 101. A slew of recent court decisions have gone...

 

HTMLVersata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings
Martin Bader, Kayla Page; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 23, 2015, previously published on November 24, 2014
In a recent decision, Versata Software, Inc. v. Callidus Software, Inc., No. 2014-1468 (Fed. Cir. Nov. 20, 2014), the Federal Circuit ordered the District of Delaware to stay district court litigation pending a covered business method (CBM) review, reversing the district court’s decision to...

 

HTMLSecond Circuit Limits "Tippee" Insider Trading Liability
Sarah E. Aberg, MaryJeanette Dee; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 16, 2015, previously published on December 11, 2014
In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013 convictions of Anthony Chiasson and Todd Newman on charges of conspiracy to commit insider trading and insider trading under 18 U.S.C. § 371, Sections...

 

HTMLRecent SEC Enforcement Actions Highlight Importance of Robust Insider Trading Compliance Policies
Alicia M. Tschirhart, Robert L. Wernli; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 16, 2015, previously published on December 5, 2014
Recently the SEC announced enforcement actions which highlight the importance of complying with the beneficial ownership reporting requirements under Sections 13(d), 13(g) and 16(a) of the Securities Exchange Act of 1934, or the Exchange Act.

 

HTMLCalifornia Court of Appeal Applies Delaware Law to Deny Discovery in Shareholder Derivative Action
Madalyn Macarr, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 16, 2015, previously published on December 23, 2014
In Jones v. Martinez, 230 Cal. App. 4th 1248 (2014), the California Court of Appeal, Second Division, held that a plaintiff asserting a shareholder derivative action against directors of a Delaware corporation in a California state court may not obtain discovery before the plaintiff establishes...

 


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