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HTMLSacramento Kings Win Again; Second CEQA Challenge Rejected
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges brought under CEQA to certification of an EIR and approval of a project to build a new arena in downtown Sacramento. The project involves a...

 

HTMLMedicare Advantage Insurers May See Positive Growth in 2016 Despite CMS’ 0.95% Payment Rate Cut Announcement
Vinay Bhupathy, Florence T. Wang; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
The Centers for Medicare and Medicaid Services (CMS) proposed a 0.95 percent decrease in Medicare Advantage payment rates for 2016 in its Advance Notice and Draft Call Letter released on February 20, 2015. Medicare Advantage Plans, sometimes called “Part C” or “MA Plans,”...

 

HTMLHHS Launches New Payment and Delivery Model to Improve Oncology Care
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2015, previously published on February 25, 2015
Cancer care is notoriously complex, intensive and costly. With more than 1.6 million people diagnosed with cancer each year, there is a strong impetus towards reforming service delivery. Accordingly, the U.S. Department of Health and Human Services is launching a new payment and care delivery model...

 

HTMLRound and Round and Round She Goes, and Where She Lands, Nobody Knows: The Future of Obamacare and Why King v. Burwell Matters - A Five-Part Series 
Matthew J. Goldman, Lauren Lee Tarantello, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2015, previously published on March 9, 2015
Last week, on Wednesday, March 4, the U.S. Supreme Court heard oral argument in the highly publicized case of King. v. Burwell-a lawsuit challenging the Affordable Care Act or “Obamacare” based upon what many would call the most pernicious of statutory problems - poor drafting.

 

HTMLOn the Eve of Oral Arguments before the U.S. Supreme Court in King v. Burwell: Obamacare in the Balance 
Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2015, previously published on March 2, 2015
As every healthcare geek and Supreme Court wonk will tell you, on March 4, the U.S. Supreme Court will hear oral argument in King v. Burwell (an amalgamation of four cases - King v. Burwell, Halbig v. Burwell, Pruitt v. Burwell, and Indiana v. IRS). As the latest attack on the Affordable Care Act...

 

HTMLSEC Staff To Express No Views On Conflicting Shareholder Proposals Under Rule 14a-8(i)(9) 
Andrew S. Kreider, Jason R. Schendel, John D. Tishler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 24, 2015, previously published on January 29, 2015
On January 16, 2015, SEC Chair Mary Jo White issued a directive that the staff of the SEC review its position on Rule 14a-8(i)(9) of the Securities Exchange Act of 1934 (the “Exchange Act”). Concurrent with SEC Chair White’s directive, the Division of Corporation Finance announced...

 

HTMLNinth Circuit Holds that Under Nevada Law, a Prior Stockholder’s Litigation of Demand Futility Precludes Another Stockholder From Litigating Demand Futility In a Subsequent Derivative Action
Alejandro E. Moreno, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 24, 2015, previously published on January 5, 2015
In Arduini v. Hart, 2014 WL 7156764 (9th Cir. Dec. 17, 2014), the United States Court of Appeals for the Ninth Circuit considered whether the doctrine of issue preclusion prevents a stockholder from relitigating a prior adverse determination concerning demand futility in derivative action brought...

 

HTMLDelaware Supreme Court Confirms Chancery Court’s Broad Authority to Impose Use Restrictions on Information Obtained From Section 220 Books and Records Inspections
John M. Landry, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 24, 2015, previously published on January 5, 2015
In United Technologies Corp. v. Treppel, No. 127, 2014, 2014 Del. LEXIS (Del. Dec. 23, 2014), theDelaware Supreme Court held that the Delaware Court of Chancery is authorized regulate how stockholders use information obtained through books and records inspections under Section 220of the Delaware...

 

HTMLSecond Circuit Notes Split with Ninth Circuit Over Whether Failure to Make Adequate Disclosures Under Item 303 of Regulation S-K May Serve as Basis for a Section 10(b) Claim
Madalyn A. Macarr, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 24, 2015, previously published on January 26, 2015
In Stratte-McClure v. Morgan Stanley, No. 13-0627-cv, 2015 WL 136213 (2d Cir. Jan. 12, 2015), the United States Court of Appeals for the Second Circuit affirmed the dismissal of securities fraud claims against Morgan Stanley arising out of its exposure to and losses from a proprietary subprime...

 

HTMLTime is Running Out to Avoid the Negative Effects of 2016 Value-Based Physician Payment Modifiers: CMS Releases Results of Medicare’s Value-Based Payment Modifier for 2015 as Final PQRS Participation Deadlines for 2016 Adjustments Approach
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 23, 2015, previously published on March 11, 2015
CMS recently released results of Medicare’s value-based payment modifier for 2015. This is the first year in which physicians are subject to adjustments under the payment system and, in this first phase of implementation, only affects practices with 100 or more eligible professionals.

 


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