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HTMLThe EEOC’s Assault on Separation Agreements - A Bump in the Road, But It’s Far From Over
Christopher J. Collins; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 8, 2015, previously published on October 29, 2014
Most employers have separation agreement forms that have served them well over the years. The terms have become fairly standardized and, aside from the occasional tweak, they don’t change much and are rarely challenged. Enter the EEOC, upsetting the apple cart with its new strategic...

 

HTMLPaid Sick Leave Spreads Throughout New Jersey
Lisa M. Harris; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 8, 2015, previously published on October 22, 2014
While the New Jersey Senate and Assembly continue to debate state-wide sick leave laws, four more New Jersey municipalities have enacted mandatory sick leave laws for private employers. Effective January 2015, East Orange, Paterson, Irvington and Passaic will join Newark and Jersey City in...

 

HTMLEmployer Permitted to Use “After-Acquired” Evidence at Discrimination Trial
Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 8, 2015, previously published on October 22, 2014
In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use “after-acquired” evidence - evidence of an employee’s...

 

HTMLThe National Association of Insurance Commissioners Weigh in on Issues of Network Adequacy
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 7, 2015, previously published on December 1, 2014
Network adequacy—a health plan’s ability to provide timely access to a sufficient number in-network providers—has become a matter of increased scrutiny during these early years of ACA implementation; Many consumer and physician advocacy groups have expressed concerns over the...

 

HTMLThe Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 7, 2015, previously published on November 19, 2014
In California v. Intelligender, LLC[1], the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for losses caused by Intelligender’s allegedly false advertising of its...

 

HTMLCMS Grants First Waiver of Stark Law Expansion Restrictions—Are More Ahead?
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 7, 2015, previously published on November 24, 2014
The Affordable Care Act amended the federal Stark Law to eliminate the “whole hospital exception” that permitted self-referrals provided the referring physician was authorized to practice at the hospital and the ownership or investment interest was in the hospital itself (as opposed to...

 

HTMLExploring the Relationship Between Price and Competition Among Physician Practices
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 7, 2015, previously published on October 29, 2014
The latest from the Journal of the American Medical Association (JAMA) is a thematic issue organized around a prominent topic in healthcare: price, cost, and competition. Contributing to the debate is an article titled, “Physician Practice Competition and Prices Paid by Private Insurers for...

 

HTMLPioneer ACOs: Slowed Health Spending, Improved Quality and More Drop Outs?
Vinay Bhupathy, Aytan Dahukey; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 6, 2015, previously published on October 21, 2014
The Centers for Medicare and Medicaid Services (CMS) recently released second year results on its Pioneer Accountable Care Organization (ACO) program. The Pioneer ACO program is CMS’ ambitious foray into the ACO space and a predecessor to the broader Medicare Shared Savings Program (MSSP)...

 

HTMLSupplier Beware Before Terminating Dealers: California’s Equipment Dealers Act
Helen Cho Eckert, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 6, 2015, previously published on November 18, 2014
Developments in modern antitrust law have made it increasingly difficult for termination of vertical relationships between a supplier and a dealer to be actionable under the antitrust laws, particularly under a per se theory of liability. Suppliers contemplating termination of dealer agreements,...

 

HTMLChanges on Horizon for Equity Compensation Plans as ISS Issues New Draft Policy
Gregory C. Schick; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 6, 2015, previously published on October 21, 2014
Recent announcements by Institutional Shareholder Services Inc. (“ISS”), a proxy voting advisor, indicate that publicly held U.S. companies may need to consider implementing certain modifications to their equity compensation plans and grant practices. Among other things, ISS provides...

 


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