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HTMLUndocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court
Gregg A. Fisch, Dorna Moini; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 11, 2014, previously published on July 9, 2014
On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the California Fair Employment and Housing Act (FEHA). In its decision, the Court also...

 

HTMLSecond Circuit Overturns District Court’s Rejection of SEC-Citigroup Fraud Settlement
Manuel F. Gomez, Jeff Kern; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
In a closely-watched decision involving judicial review of agency settlements, the Unites States Court of Appeals for the Second Circuit vacated United States District Court Judge Jed Rakoff’s 2011 order rejecting a proposed $285 million settlement between the Securities and Exchange...

 

HTMLU.S. Supreme Court Decision Gives More Latitude to Defeat Securities Fraud Class Action Lawsuits Prior to Class Certification
Steven O. Kramer, Jonathan D. Moss, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 10, 2014, previously published on June 25, 2014
In Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, -- S Ct. --, 2014 WL 2807181 (U.S. June 23, 2014), the United States Supreme Court refused to overturn the landmark decision Basic v. Levinson, but ruled that securities class action defendants may rebut the fraud-on-the-market presumption...

 

HTMLCFPB Has Authority to Bring Actions Against a Non-Depository Institution’s Related Persons; Are Payday Lenders Next?
Sherwin F. Root; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on June 20, 2014
The Dodd-Frank Wall Street Reform and Consumer Protection Act grants to the U.S. Bureau of Consumer Financial Protection (the “CFPB”) the power to bring actions against “related persons” of non-depository institutions.

 

HTMLNew EEOC Guidelines Regarding Employers’ Obligations With Respect to Background Checks and Accommodation of Religious Dress and Grooming Practices
Robert Mussig; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on June 25, 2014
The Equal Employment Opportunity Commission (“EEOC”) recently announced new guidelines that may impact the way employers conduct background checks and accommodate religious dress and grooming practices.

 

HTMLLessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation
David Douglass; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on June 27, 2014
E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue...

 

HTMLCalifornia Supreme Court Issues Iskanian Decision, Ruling that Class Action Waivers in Arbitration Agreements Are Enforceable, But Still Allows PAGA Claims to Proceed on Representative Basis
Gregg A. Fisch; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on June 24, 2014
On June 23, 2014, the California Supreme Court issued its decision in Iskanian v. CLS Transportation Los Angeles, LLC, confirming that an express class action waiver in an employment arbitration agreement is enforceable under California law. In its decision, the Court held that its earlier decision...

 

HTMLThe Supreme Court’s Ruling in Hobby Lobby that Closely Held, For-Profit Companies Should Receive Religious Exemptions From ObamaCare’s Conception Mandate Likely Will Have Little Practical Impact Immediately in the Employment Arena
Gregg A. Fisch, Nick Schnermann; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
On June 30, 2014, the US Supreme Court decided the case of Burwell v. Hobby Lobby Stores, Inc. in a 5-4 decision along partisan lines. The Court ruled that closely held, for-profit companies are entitled to certain religious freedom protections from generally applicable regulations that violate the...

 

HTMLHigh Rates of Unhealthy Enrollees in ACA Exchanges
Lynsey Mitchel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on July 1, 2014
Perhaps putting added pressure on insurers as they prepare to set rates for 2015, new evidence suggests that people enrolled in health plans under the Affordable Care Act have higher rates of serious health conditions than those with other coverage. As The Wall Street Journal reported, this...

 

HTMLTop 5 Actions to Consider for the New York Not-for-Profit Law Overhaul Effective on July 1
Jay Gerzog, Tamar Rosenberg; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On July 1, 2014, the New York Nonprofit Revitalization Act (the “Act”) took effect. The Act is the most significant modification of New York’s Not-for-Profit Corporation Law (the “NPCL”) in approximately 40 years.

 


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