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HTMLIf It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable
Alejandro E. Moreno, Lisa Yun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 29, 2014
A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v. Bank of America, N.A., 219 Cal.App.4th 1481 (4th Dist. 2013), the California Court of Appeal affirmed a trial court’s dismissal of...

 

HTMLMum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 24, 2014
In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world. Late last month, the New York Court Appeals issued its opinion in the case of William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Rabizadeh,...

 

HTMLFashion Documentaries: A Fashion Do
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 14, 2014
Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction. Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and...

 

HTMLMandatory Mediation for Every Fifth Case in New York County’s Commercial Division?
Molly Masenga, Mark E. McGrath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 16, 2014
The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless the parties stipulate otherwise or one party makes a good cause showing that mediation would...

 

HTMLReminder to Perform Annual ISO/ESPP Reporting in January 2014
Gregory C. Schick; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 23, 2014
As discussed in our December 16, 2010 blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the “Code”) that require Employers to annually furnish each employee who exercised incentive stock options (“ISOs”) or sold or...

 

HTMLFTC Issues Updated Media Guidance for Screening Fake Weight Loss Claims
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 27, 2014
On January 7, 2014, the Federal Trade Commission announced “Operation Failed Resolution”, targeting false and deceptive claims made by marketers of weight loss products. As part of this initiative, the FTC issued updated guidance for use by the media to help them spot phony weight-loss...

 

HTMLAre Circuit Courts of Appeals Split as to the Preclusive Impact Accorded to Prior Trademark Trial and Appeal Board Decisions?
Paul Bost; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 27, 2014
Battles between brand owners are frequently fought in the United States in two forums: the Trademark Trial and Appeal Board and federal district court. While the TTAB is limited to determining a party’s right to register its trademark, district courts may adjudicate rights to registration and...

 

HTMLGAO Reports FY 2013 Bid Protest Statistics
Christopher E. Hale; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
On January 2, 2014, the Government Accountability Office (“GAO”) provided its Annual Report to Congress with data concerning overall protest filings for Fiscal Year (“FY”) 2013 and a summary of the most prevalent grounds for sustaining protests during the preceding year.

 

HTMLFourth Circuit Finds $24 Million False Claims Act Penalty Not Excessive Even Where No Damages Proven at Trial
Bora P. Rawcliffe; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
In a recent False Claims Act (“FCA”) opinion that has already been heavily criticized, the Fourth Circuit held that a $24 million penalty was not “excessive” under the Constitution even where damages were not proven at trial and where the government had paid only a total of...

 

HTML2014—A big year for Circular 698?
Bryan Pereboom; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
This year will mark a half-decade since the release of Circular 698. The confluence of local enforcement and increased exits by off-shore investors may make 2014 its most interesting year.

 


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