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HTMLSix Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases
Sean J. Kirby; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 1, 2014, previously published on November 4, 2014
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their workforce in the face of such an epidemic. While there are many concerns...

 

HTMLState Council Issues Guideline to Boost Sports Industry
Jiamu Sun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 1, 2014, previously published on November 13, 2014
On October 20, 2014, the State Council announced a guideline to boost China’s sports industry, named Opinions on Accelerating the Development of Sports Industry and Promoting Sports Consumption, Guofa [2014] No. 46 ("Guideline"). The Guideline marks the first time the Chinese...

 

HTMLDistrict Court Weighs in on Level of Integration Required to Shield Health Care Collaborations from Section 1 Scrutiny
Helen Cho Eckert, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 1, 2014, previously published on November 14, 2014
In Medical Center at Elizabeth Place v. Premier Health Partners et. al, Case No. 12-cv-26 (S.D. Oh. Oct. 20, 2014), the Southern District of Ohio held that previously-competing health care systems who join together in a revenue-sharing arrangement are incapable of conspiring with each other under...

 

HTMLChina to Open Up Its Hospital Market to Foreign Investment on a Pilot Program
Jiamu Sun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on October 27, 2014
On August 27, 2014, the National Health and Family Planning Commission ("NHFPC") and Ministry of Commerce ("MOFCOM") jointly released Notice on Conducting Pilot Work of Setting Up Wholly Foreign Owned Hospitals ("Notice") dated on July 25, 2014. The Notice allows...

 

HTMLBeginning to Close the POM Circle? - POM Wonderful and Drug Advertising: JHP Pharmaceuticals
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
Earlier this year, in POM Wonderful LLC v. Coca-Cola Co. the Supreme Court examined the interaction between the Lanham Act’s prohibition against false advertising and the FDCA’s prohibition against food, drug and cosmetics labeling that is “false or misleading.” In POM...

 

HTMLMore Transparency-New Enterprise Information Disclosure Rules Take Effect
Russell K.L. Leu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on October 13, 2014
China has recently passed new laws requiring enterprises to disclose important information which the public can access. On October 1, 2014, new rules came into effect, Provisional Rules on Enterprise Information Disclosure (“Enterprise Information Disclosure Rules”). One reason behind...

 

HTMLAgricultural Cooperative Antitrust Litigation Continues to Mushroom
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser Antitrust Litigation, Case No. 2:06-cv-00620, (E.D. Pa. October 17,...

 

HTMLDOJ Will Not Challenge Cyber Security Data Sharing Platform
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 28, 2014, previously published on October 21, 2014
On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows members to share threat and incident data along with cyber-attack...

 

HTMLSupreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review. The Supreme Court previously held, in its 2012 Sackett opinion, that an...

 

HTMLUnlawful Development Permit Conditions Not Binding On Second Permit Applicant When Original Permit Expires Without Use - Second District Changes Mind On Changed Facts
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on October 30, 2014
A major fact correction on rehearing led the Second Appellate District to reverse its earlier ruling in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 10/23/14, B243015 (on rehearing). The court has now held that collateral estoppel does not prevent a landowner from letting a permit...

 


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