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HTMLSome QM Relief in Sight? CFPB Proposes Amendment to QM Rule Which Will Permit Creditors to Cure Inadvertent QM Violations Through Refunding Excess Points and Fees
Sherwin F. Root; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 9, 2014, previously published on May 2, 2014
The Bureau of Consumer Financial Protection (the “CFPB”) announced April 30 that it is proposing amendments to Regulation Z that will, among other things, permit a creditor that believes in good faith that it has made a qualified mortgage (“QM”) loan and learns afterwards...

 

HTMLTea Manufacturer Defeats Damages - Seeking Class Action Plaintiff in an Opinion Steeped in Comcast
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 8, 2014, previously published on April 29, 2014
In Lanovaz v. Twinings North America, Inc., 2014 WL 1652338, Case No. C-12-02646-RMW (N.D. Cal. April 24, 2014), the court granted-in-part and denied-in-part a motion for class certification in a false advertising case about tea labels. The plaintiff alleged that the defendant’s tea was...

 

HTMLContinuity of Enterprise is Enough for Successor Parties to be Liable
Lara Mouritsen; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
Successor liability is often a concern for the acquirer when purchasing substantially all of a seller’s assets. While this risk is well known, the circumstances under which an acquirer will be found liable under the theory of successor liability are less clear. The recent decision in Call...

 

HTMLInnovation Health: A joint venture approach to payer-provider integration in Virginia
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
In 2012, Aetna and Inova, a not-for-profit health system in Virginia, formed a joint venture health plan: Innovation Health. The health plan is an entirely new entity owned jointly by both organizations. Its network emphasizes Inova’s providers.

 

HTMLFTC Offers Guidance on Social Media Contests
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection requiring disclosure under the FTC Endorsement Guidelines. At issue before the...

 

HTMLPreexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption
Micah D. Bobo, James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA categorical exemption, a state Court of Appeal has held. In...

 

HTMLProposed California Legislation Would Limit and Possibly Punish Non-Disparagement Clauses in Online Consumer Contracts
Tenaya Rodewald; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
On Tuesday, April, 22, the California Assembly Judiciary Committee voted 10-0 to approve a so-called “Yelp bill” that would prohibit companies from suppressing negative consumer reviews through the use of “non-disparagement clauses” in contracts with consumers. Such clauses...

 

HTMLHas New York State Failed its Hospitals?
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 29, 2014, previously published on April 25, 2014
According to New York’s Department of Health Commissioner, “nearly half [of] New York’s 227 hospitals are financially distressed.”

 

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 29, 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.

 

HTMLOscar, A New, Venture-Backed Health Insurance Company, Seeks To Compete Against Industry Giants
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 29, 2014, previously published on April 23, 2014
The Affordable Care Act is driving innovation at all levels of the healthcare system, creating opportunities for small start-ups to compete with industry giants. One such start-up is Oscar, a venture-backed health insurance company that launched on the New York State Health Plan Marketplace, and...

 


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