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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 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...

 

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...

 

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...

 

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)...

 

HTMLChina and Australia Conclude Landmark Free Trade Agreement Negotiations
Neil Ray, Jiamu Sun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 29, 2014, previously published on November 25, 2014
On November 17, 2014, China and Australia completed their negotiations for a China-Australia Free Trade Agreement (“ChAFTA”) by signing a Declaration of Intent which contained the essential elements of the free trade deal and commits both countries to draft the legal text of the...

 

HTMLChina Court Ruled Infringement for Ambush Marketing in Film Industry
Meng Yan; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 12, 2014, previously published on November 20, 2014
The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a particular event without paying any sponsorship/license fee. As...

 


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