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HTMLDoes A Consumer’s Exercise of a Rescission Right Mean that the Loan Is Automatically Rescinded? Perhaps Not, According to One Federal Court, If the Consumer Does Not Also File a Lawsuit for Rescission
Sherwin F. Root, David H. Sands, Shoshana A. Zimmerman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 20, 2014
In Baker v. Bank of America, N.A., No. 5:13-CV-92-F, 2014 U.S. Dist. LEXIS 9578 (E.D.N.C. Jan. 27, 2014), the United States District Court for the Eastern District of North Carolina held that even if a consumer timely exercises his or her right to rescind a loan transaction under the Truth in...

 

HTMLThe Push for Greater Transparency in Healthcare Continues
Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 14, 2014
Recently, CMS released the proposed fiscal year 2015 Inpatient Prospective Payment System (IPPS) rule for inpatient stays in long-term and general acute care hospitals.[1] Included among the regular updates to Medicare payment policies and rates are guidelines for compliance with the Affordable...

 

HTML“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua Sponte Dismiss Cases on Forum Non Conveniens Grounds in Limited Circumstances
Brian B. Garrett; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 13, 2014
In Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros. Co., 2014 N.Y. Slip Op. 02381, the New York Court of Appeals ruled that a court may sua sponte decide the issue of forum non conveniens so long as it allows the parties to brief and argue the matter. The Court of Appeals further found that...

 

HTMLUpdate on the Provider Self-Disclosure Protocol
Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 14, 2014, previously published on May 5, 2014
Since we last reported on the Provider Self-Disclosure Protocol (“Protocol”) issued by the Department of Health and Human Services, Office of the Inspector General (“OIG”), the entire Protocol has been revamped. Rather than being in the Federal Register, the Protocol is on...

 

HTMLTrails-to-Rails-to-?: The Brandt Case and its Potential Impact on the Nation’s Trails
Andrew J. Alberg; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 8, 2014
A recent Supreme Court case may have a far-reaching impact on many of the United States’ “rails-to-trails” biking and jogging paths. In March, the Supreme Court held in an 8-1 decision that rights of way granted to railroad companies during the nineteenth century were mere...

 

HTMLData Privacy Alert: Prepare for Changes to the US-EU Safe Harbor
Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 1, 2014
In the aftermath of disclosures of the extent of U.S. government monitoring of private communications, the European Commission is currently considering changes in the U.S.-EU Safe Harbor framework. The EU and its member states already have some of the strictest data privacy laws in the world. Under...

 

HTMLFTC Targeting Trade Associations?
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 7, 2014
On May 1, the Federal Trade Commission issued a press release concerning the antitrust risks involved in trade association activity and cautioned such groups that the Commission continues to maintain an active antitrust enforcement focus on trade association activity. Interestingly, the release...

 

HTMLRussian Against Time: New Sanctions and Lowered Expectations as Ukraine Crisis Continues
J. Scott Maberry, Matthew L. Riemer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 1, 2014
There’s no end in sight for the turmoil in Ukraine. And there’s no end in sight for international sanctions against Russia for causing that turmoil. As sanctions escalate, so will the collateral damage. New sanctions announced on April 28, 2014 will not only affect Russia and Ukraine,...

 

HTMLSecond Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO
Jeff Kern, Thomas M. Monahan; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 9, 2014
In European Community v. RJR Nabisco, Inc., Case No. 11-CV-2475 (2d Cir. Apr. 23, 2014), the United States Court of Appeals for the Second Circuit held that the Racketeer Influenced and Corrupt Organizations (“RICO”) statute, 18 U.S.C. § 1961, et seq., could apply to conduct...

 

HTMLBeach Houses and Bribes: DOJ Seeks Over $700,000 From Former South Korean President
Fatema K. Merchant; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 1, 2014
April 24 marked another day of progress in holding kleptocrats accountable for their corruption.

 


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