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HTMLDelaware Court of Chancery Underscores Heightened Pleading Standard Necessary to Support a Claim for Breach of Fiduciary Duty In Connection With a Merger
Alejandro E. Moreno, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 12, 2014
In Houseman v. Sagerman, C.A. No. 8898-VCG, 2014 WL 1478511 (Del. Ch. Apr. 16, 2014), the Delaware Court of Chancery (Glasscock, V.C.) granted, in part, a motion to dismiss filed by certain directors and the financial advisor of Universata, Inc. (“Universata” or the...

 

HTMLCommingling and Personal Piggy Bank Leads to Summary Judgment on Veil Piercing Claims
Molly Masenga, Amanda Zablocki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 13, 2014
In Webmediabrands, Inc. v. Latinvision, Inc., No. 601048/2010, the Supreme Court (J. Friedman) pierced the corporate veil at the summary judgment stage.

 

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...

 

HTMLThe FTC Continues Its Focus on the Mobile Arena
Gregory P. Barbee; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 13, 2014
The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena.

 

HTMLNew York City Amends Its Human Rights Law to Extend Protection to Interns
Sean J. Kirby; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 13, 2014
On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both paid and unpaid interns. The amendment goes into effect on...

 

HTMLDoes A Consumer’s Exercise of a Rescission Right Mean that the Loan Is Automatically Rescinded?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...

 

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...

 

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...

 

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,...

 

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...

 


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