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HTMLBitcoins and Liability in the Wake of Recent Silk Road Arrests
Mukund H. Sharma; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 11, 2014
The recent arrests of Robert Faiella, an alleged seller on online marketplace Silk Road, and Charlie Shrem, the CEO of the startup BitInstant, marked a recent round in a series of law enforcement actions against what the government characterizes as a “rise in criminal activity” by...

 

HTMLAttacking LBO Payouts as State Law Fraudulent Transfers
Barbara Altimus Shreero; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 11, 2014
The United States Bankruptcy Court for the Southern District of New York (the “Court”) in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) recently held that the safe harbor provision of 11 U.S.C. § 546(e) did not bar unsecured...

 

HTMLCourt Upholds New Jersey’s Ban on Unemployment Discrimination in Job Advertisements
Christopher J. Collins, Shira Forman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 6, 2014
New Jersey’s law prohibiting discrimination against the unemployed in job advertisements - the first of a new crop of similar state and municipal laws - is constitutional, according to a recent New Jersey appeals court decision.

 

HTMLThe $330-Million Dollar Question
Stephen S. Gilson; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 10, 2014
The question every false claims defendant must face is whether to pursue litigation or simply concede and settle. While many shy away from litigation, opting for an expensive but certain resolution, for Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, Inc., the decision to pursue...

 

HTMLObama Administration Further Delays Employer Mandate and Releases Final Regulations Regarding Implementation
Eugene Y.C. Ngai; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 12, 2014
The Treasury Department and Internal Revenue Service announced on Monday that the Obama Administration would further delay implementation of the “employer mandate” under the Affordable Care Act for certain employers until 2016. The employer mandate requires businesses that employ more...

 

HTMLSecond Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 4, 2014
In Starr International Co. v. Federal Reserve Bank of New York , No. 12-5022-cv, 2014 U.S. App. LEXIS 1770 (2d. Cir. Jan. 29, 2014), the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims against the Federal Reserve Bank of New York (“FRBNY”) for...

 

HTMLDelaware Supreme Court Holds That a Minority Stockholder Has No Common Law Right to a Conflict-Free Board Decision Regarding the Repurchase of Shares
Matthew Ardoin, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on January 30, 2014
In Blaustein v. Lord Baltimore Capital Corp. , No. 272, 2013, 2014 Del. LEXIS 30 (Del. Jan. 21, 2014), the Delaware Supreme Court held that a closely-held corporation’s directors owe no fiduciary duty to decide, free from conflicts of interest, whether a corporation will repurchase a minority...

 

HTMLSecond Circuit Holds that Federal Common Law Prohibits Trading By Insiders of a Cayman Islands Corporation While In Possession of Material Nonpublic Information
Daniel L. Brown, Manuel F. Gomez; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 4, 2014
In Steginsky v. Xcelera Inc. , Nos. 13-1327-cv, 13-1892-cv, 2014 WL 274419 (2d Cir. Jan. 27, 2014), the United States Court of Appeals for the Second Circuit held that even when a company’s securities are unregistered, federal law requires corporate insiders either to disclose material...

 

HTMLLCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases
Dylan I. Ballard, Nadezhda Nikonova; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 5, 2014
On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern District of Illinois dismissed plaintiff Motorola Mobility’s price-fixing...

 

HTMLChanges To California Title 24 Energy Use Requirements Effective July 1, 2014
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 5, 2014
On July 1, 2014, 2013 CALGreen, Part 11, Title 24, of the California Code of Regulations will go into effect. As a result, certain nonresidential additions and alterations will trigger compliance with more stringent energy-saving measures for plumbing, electrical, lighting and heating, ventilation...

 


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