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HTMLBright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on the Court’s Own Motion)
James E. Pugh, Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 16, 2014
Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ---Cal.App.2nd---, 2014). This is a case where the Coastal Commission and...

 

HTMLIntent To Use - It’s Not The Thought That Counts
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 10, 2014
Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the TTAB in a decision released unpublished February 21, 2014 but redesignated as precedent on March 26, 2014, thus placing at risk similar applications for oppositions and issued registrations for...

 

HTMLReview - U.S. Patent and Trademark Office Subject Matter Eligibility Guidelines
Anthony Navid Moshirnia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 18, 2014
On March 4, 2014 the USPTO issued new patent subject matter eligibility guidelines in an attempt to provide examiners and patent practitioners with some guidance on which claims improperly encompass laws of nature, natural principles, natural phenomena, or products of nature in the wake of the U.S....

 

HTMLGeorgia’s Limited Tax Credits for Interactive Entertainment Producers
James M. Chadwick, Mukund H. Sharma; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 21, 2014
On April 15, Georgia passed a law amending its tax code to provide a limited tax credit to qualified interactive entertainment companies. The law provides incentives for mid-size game developers who demonstrate sufficient ties to Georgia. Qualified interactive entertainment companies are those that:

 

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 23, 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.

 

HTMLHHS Releases New Software for Updating (But Not Replacing) HIPAA Security Risk Assessment Toolkits
Eric A. Klein, Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 14, 2014
Last week, the Department of Health and Human Services (HHS) released a new, free, downloadable tool to assist small and medium-size health care provider offices to conduct security risk assessments (SRA).

 

HTMLJ.M. Smucker Company Gets Out of a Jam in Food Labelling Case
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
On April 15, 2014, in the case Caldera v. The J.M. Smucker Co., CV 12-4936-GHK, J.M. (C.D. Cal.), Smucker Company (“Defendant”) defeated the plaintiff’s motion for class certification in a case challenging the labels on Defendant’s Crisco shortening and Uncrustables food...

 

HTMLNew Registration Requirements and Deadline for PRC Domestic PE Funds and Managers
Emily Tsai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 14, 2014
Domestic Chinese private equity managers should take notice of new provisional regulations requiring registration of domestic Chinese private equity managers and filings with the Asset Management Association of China (“AMAC”). Also, Chinese private equity managers should take notice of...

 

HTMLAppellate Court Issues Opinion on SEC’s Conflict Minerals Rule
Curtis M. Dombek; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
Yesterday, the Court of Appeals for the D.C. Circuit issued its opinion in the challenge to the SEC’s Conflict Minerals Rule. We have reviewed the D.C. Court of Appeals decision and find that it leaves much of the SEC’s rule intact. It is specifically the requirement that companies...

 

HTMLSweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 15, 2014
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine. The court held that the determination of the...

 


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