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HTMLChina to Open Up Its Hospital Market to Foreign Investment on a Pilot Program
Jiamu Sun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on October 27, 2014
On August 27, 2014, the National Health and Family Planning Commission ("NHFPC") and Ministry of Commerce ("MOFCOM") jointly released Notice on Conducting Pilot Work of Setting Up Wholly Foreign Owned Hospitals ("Notice") dated on July 25, 2014. The Notice allows...

 

HTMLMore Transparency-New Enterprise Information Disclosure Rules Take Effect
Russell K.L. Leu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on October 13, 2014
China has recently passed new laws requiring enterprises to disclose important information which the public can access. On October 1, 2014, new rules came into effect, Provisional Rules on Enterprise Information Disclosure (“Enterprise Information Disclosure Rules”). One reason behind...

 

HTMLBeginning to Close the POM Circle? - POM Wonderful and Drug Advertising: JHP Pharmaceuticals
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
Earlier this year, in POM Wonderful LLC v. Coca-Cola Co. the Supreme Court examined the interaction between the Lanham Act’s prohibition against false advertising and the FDCA’s prohibition against food, drug and cosmetics labeling that is “false or misleading.” In POM...

 

HTMLAgricultural Cooperative Antitrust Litigation Continues to Mushroom
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser Antitrust Litigation, Case No. 2:06-cv-00620, (E.D. Pa. October 17,...

 

HTMLDOJ Will Not Challenge Cyber Security Data Sharing Platform
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on October 21, 2014
On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows members to share threat and incident data along with cyber-attack...

 

HTMLUnlawful Development Permit Conditions Not Binding On Second Permit Applicant When Original Permit Expires Without Use - Second District Changes Mind On Changed Facts
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on October 30, 2014
A major fact correction on rehearing led the Second Appellate District to reverse its earlier ruling in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 10/23/14, B243015 (on rehearing). The court has now held that collateral estoppel does not prevent a landowner from letting a permit...

 

HTMLSupreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review. The Supreme Court previously held, in its 2012 Sackett opinion, that an...

 

HTMLSixth Circuit Narrows Scope of Liability Under ICA Sections 36(a) and (b)
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 12, 2014, previously published on October 8, 2014
In Laborers’ Local 265 Pension Fund v. iShares Trust, No. 13-6486, 2014 U.S. App. LEXIS 18627 (6th Cir. Sept. 30, 2014), the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of claims alleging violations of the fiduciary duties imposed by Sections 36(a) and 36(b) of...

 

HTMLDelaware Court of Chancery Rejects Contemporaneous Ownership Requirement for Creditors Asserting Derivative Claims
Andrea N. Feathers, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery held that when creditors of insolvent firms assert derivative claims, they need not meet the contemporaneous ownership requirement applied to...

 

HTMLTribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off
Whitney Hodges, John E. Ponder; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2, 2014
In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd. Dist. 2014) strictly interpreted the California Environmental Quality Act’s definition of “public agency,” holding that it only applies...

 


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