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HTMLSecond Circuit Upholds SEC’s Authority to Obtain Disgorgement from Non-Trading Insider Profits Earned by Portfolio Fund from Insider Trading
Jeff Kern, Molly Masenga; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
In SEC v. Contorinis, 2014 U.S. App. LEXIS 2927 (2d Cir. Feb. 18, 2014), the United States Court of Appeals for the Second Circuit upheld the authority of the Securities and Exchange Commission (“SEC”) to obtain “disgorgement” from a money manager profits earned by another...

 

HTMLDelaware Court of Chancery Grants Summary Judgment Dismissing Breach of Fiduciary Duty Claims In Absence of Evidence of Directors’ “Conscious Disregard” of Fiduciary Duties
Alejandro E. Moreno, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
In In re Answers Corp. Shareholders Litigation, C.A. No. 6170-VCN, 2014 WL 463163 (Del. Ch. Feb. 3, 2014), the Delaware Court of Chancery (Noble, V.C.) granted summary judgment in favor of defendants in a stockholder class action for breach of fiduciary duty arising out of the merger of Answers...

 

HTMLNewark Becomes Second City in New Jersey to Require Mandatory Paid Sick Leave
Sean J. Kirby; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 11, 2014, previously published on March 7, 2014
On January 29, 2014, Newark Mayor Luis Quintana signed into law an ordinance requiring mandatory paid sick leave for employees. This new ordinance goes into effect on May 29, 2014.

 

HTMLChina Business Registration Reform
Sharon Xu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 11, 2014, previously published on March 5, 2014
On February 7, 2014, the State Council issued Notice on Reform Plans of Registration Policies of Registered Capital, GuoFa [2014] No. 7 (the “Notice”) providing guidelines on business registration reforms of companies in China. The objective of the reform is to relax the administration...

 

HTMLNotes On Increasing Acute and Post-Acute Integration
Brian M. Daucher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 11, 2014, previously published on March 5, 2014
The focus of the AHLA Long Term Care Conference was on convergence of acute (hospital) and post-acute (SNF, home health, hospice) service delivery mechanisms.

 

HTMLAre Call Recording Class Actions Doomed?
Jay Ramsey; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 11, 2014, previously published on February 27, 2014
In the past four years, droves of call recording class actions have been filed in state and federal courts across California. The gist of each is that a company violates the law when its customer service department records calls with its customers without first providing notice that the calls may...

 

HTMLUnited States Supreme Court Resolves Circuit Split and Narrows Scope of SLUSA
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 10, 2014, previously published on March 6, 2014
In Chadbourne & Parke LLP v. Troice, Nos. 12-79, 12-86 and 12-88, 2014 U.S. LEXIS 1644 (U.S. Feb. 26, 2014), the Supreme Court of the United States resolved a split in the circuits regarding whether alleged misrepresentations were made “in connection with the purchase or sale of a covered...

 

HTMLCorporate Internal Investigations: Best Practices
Bryan D. Daly, Melissa K. Eaves, Christopher E. Hale; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 10, 2014, previously published on February 27, 2014
A CEO receives an anonymous call claiming that someone is stealing company trade secrets or that an employee is taking kickbacks from a vendor. A GC gets a call from the HR director who has an employee accusing the company of submitting false bills to a government agency. You are served by a...

 

HTMLNew PRC Policies on Annual Inspection
Xinlan Liu; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
March 5, 2014, previously published on March 3, 2014
On February 19, 2014 the state-level General Administration for Industry and Commerce (the “AIC“) issued a notice to officially cancel the annual inspection for all types of enterprises including domestic entities, representative offices, branches and foreign invested entities since...

 

HTMLNinth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied By Injury To Competition
Helen Cho Eckert; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 5, 2014, previously published on February 27, 2014
On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW Industries’ claims of conspiracy to restrain trade and attempted monopolization, once again affirming the tenet that antitrust laws do not address malicious...

 


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