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HTMLCongress Delays Medicare Cuts until 2015
Eugene Y.C. Ngai, Lauren Lee Tarantello; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 4, 2014, previously published on April 1, 2014
On March 31, the Senate voted to pass yet another “doc fix” bill, which had been approved by the House the week before. This doc fix bill marks the 17th time that Congress has postponed the implementation of the Medicare Sustainable Growth Rate (SGR) payment formula since 2003. It comes...

 

HTMLInterstate Medical Licensing Compact Could Pave a Smoother Path for Telemedicine Providers
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 4, 2014, previously published on March 27, 2014
One of the largest hurdles to the growth of telemedicine - streamlined physician licensure in multiple states - soon may be addressed. The Federation of State Medical Boards (FSMB) will vote on adopting the federation’s Interstate Medical Licensure Compact at its annual meeting in April. The...

 

HTMLFacebook Announces Purchase of Oculus VR, a Virtual Reality Gaming Company
Irene Lu, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 4, 2014, previously published on March 28, 2014
On March 25th Facebook announced the social media company’s plans to acquire Oculus VR for approximately $2 billion. Oculus is best known for its forthcoming product, Oculus Rift, a virtual reality gaming headset. By offering expansive 3D views and technology that reacts to a user’s...

 

HTMLMobile Medical App Regulations on the Move - Proposed Bills To Further Alter the Regulatory Landscape of Mobile Medical Applications
Lauren Lewis, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 3, 2014, previously published on March 31, 2014
Apple’s apps store lists close to a 100,000 health apps. Together with wearable technology, direct-to-consumer testing services, and greater consumer participation in the decision to purchase health insurance, the healthcare market in the United States is undergoing a significant...

 

HTMLD.C.’s Less Charitable Approach to Property Tax Exemptions for Non-Profits
Andrew J. Alberg; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 2, 2014, previously published on March 27, 2014
Under District of Columbia law, organizations that own buildings in D.C. used for purposes of public charity principally in the District are entitled to property tax exemptions. (D.C. Code § 47-1002(8)). However, in light of recent actions by the District of Columbia Office of Tax and Revenue...

 

HTMLU.S. Supreme Court Settles Lanham Act Standing Conflict
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 2, 2014, previously published on March 27, 2014
On March 25, 2014, the U.S. Supreme Court ruled that Static Control Components, Inc. had the right to sue Lexmark International Inc. under the Lanham Act’s false advertising prong. In doing so, the Court established a new Lanham Act standing test, rejecting several different tests circuit...

 

HTMLCEQA Requires Separate Evaluation Of Mitigation Measures And Alternatives Even Where Mitigation Measures Are Incorporated Into Project Design
Katharine E. Allen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 2, 2014, previously published on March 26, 2014
In Trisha Lee Lotus et al. v Department of Transportation et al. (1 Dist., Div. 4, 1/30/14 A137315) --- Cal.App.--- ----, 2014, the court of appeal upheld a claim by the appellants that Caltrans failed to comply with CEQA because its EIR did not consider potential mitigation measures aimed at...

 

HTMLDistrict Court Cites Recent “Evolution” of Rule 23 Standards to Deny Class Certification Motion in Securities Action Based Upon Allegedly Misleading Registration Statement
John M. Landry, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 1, 2014, previously published on April 1, 2014
In In re Kosmos Energy Ltd. Securities Litigation, No. 3:12-CV-373-B, 2014 U.S. Dist. LEXIS 36365 (N.D. Tex. Mar. 19, 2014), the United States District Court for the Northern District of Texas (Boyle, J.) denied lead plaintiff’s class certification motion in a consolidated action alleging...

 

HTMLApplying a Legal Bandaid to Defective Acts: Delaware Law Creates New Procedures to Ratify Defective Corporate Acts
Lauren Lewis, Irene Lu, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 28, 2014, previously published on March 26, 2014
On June 30, 2013, the State of Delaware amended the Delaware General Corporations Law (the “DGCL”) to include two new sections, Section 204 and Section 205 (together, the “Ratification Provisions”). Set to take effect on April 1, 2014, the Ratification Provisions provide...

 

HTMLSEC Brings Charges Against SEC Registered Investment Adviser for Improperly Allocating Expenses and Other Violations of the Investment Advisers Act of 1940 (the “Advisers Act”)
Thomas M. Devaney, Lauren Lewis, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2014, previously published on March 25, 2014
On February 25, 2014 the Securities and Exchange Commission (the “SEC”) filed public administrative and cease-and-desist proceedings against Arizona-based Clean Energy Capital, LLC (a registered investment adviser, “CEC”) and its founder and Chief Executive Officer Scott...

 


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