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HTMLBundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as either exclusive dealing or tying arrangements under Section 1 of the...

 

HTMLSovereign Litigation in Latin America: Top Five Issues To Think of When Doing Business With a Latin American Country
Juan C. Castañeda, Alejandro E. Moreno, Neil A.F. Popović; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 28, 2014, previously published on August 18, 2014
“We are in the soup” exclaimed, federal judge Thomas Griesa, referring to Argentina allegedly defaulting on its sovereign bonds. And so we are.

 

HTMLUPDATE: New Jersey Limits Use of Criminal History in Hiring Decisions
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 19, 2014
As we reported in December 2013, New Jersey was on the road to joining 6 other states which have recently passed legislation banning or limiting the use of criminal background checks in the hiring process. On August 11, 2014, New Jersey Governor Chris Christie signed the Opportunity to Compete...

 

HTMLCMS Care Coordination Payments - A Boon to Doctors and Patients but Patient Participation Will be Essential
Vinay Bhupathy, Aytan Dahukey; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 19, 2014
As the Affordable Care Act continues to mature, we are seeing new efforts by the Obama administration to incentivize care coordination across a spectrum of services provided to Medicare Fee-for-Service (FFS) patients. A New York Times article posted on August 16, 2014 reports that starting in...

 

HTMLSecond Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use...

 

HTMLNew Guidance on Contractor Self-Disclosure
David L. Douglass, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
The Health and Human Services (HHS) Office of Inspector General (OIG) provides health care providers an opportunity to disclose potential violations of certain Federal civil and criminal laws in relation to HHS contracts or subcontracts, pursuant to which OIG offers a means for facilitated...

 

HTMLSupreme Court’s Latest Interpretation on Late Payment Interest
Sharon Xu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 27, 2014, previously published on August 20, 2014
The Supreme People’s Court of China recently issued an interpretation on how to calculate the interest accrued on delayed payment - Interpretation of the Supreme People’s Court of Several Issues Concerning the Applicable Law for Calculating Interest On Delayed Payment in the Enforcement...

 

HTMLSham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?
Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 19, 2014, previously published on August 12, 2014
Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may harm competition or competitors. The Supreme Court has...

 

HTMLNo CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters
Tiffany Duong; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
August 18, 2014, previously published on August 8, 2014
The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: (1) the Elections Code, which requires at most an abbreviated review, provides...

 

HTMLBundled Payments under the Affordable Care Act Continue to Gain Influence
Eric A. Klein, Lynsey Mitchel, Lauren Lee Tarantello; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
The Center for Medicare and Medicaid Services (CMS) recently announced that it will add roughly 4,100 providers to the 2,400 existing providers testing the possible use of Medicare bundled payment contracts. Providers must apply to be candidates, and this group of now roughly 6,500 providers,...

 


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