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HTMLWhen Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim?
Robert K. Sahyan; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 8, 2014, previously published on August 5, 2014
A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled to administrative priority status under Bankruptcy Code section 503(b)(9) because the goods were “received by the debtor” at the time...

 

HTMLThird Circuit Says Classwide Arbitration a Matter for Courts to Decide
Ryan Duffy, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 8, 2014, previously published on August 7, 2014
The U.S. Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration.

 

HTMLSD3 v. Black & Decker (U.S.), Inc. - District Judge Axes Complaint Alleging Table Saw Safety Standards Conspiracy
Leo Caseria; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
The pen may be mightier than the sword, but not necessarily mightier than the table saw. On July 15, 2014, in SD3 v. Black & Decker (U.S.), Inc., Case No. 1:14-cv-191 (E.D. Va.), District Judge Claude M. Hilton dismissed antitrust claims by SD3 and Sawstop against several manufacturers of...

 

HTMLTwo UPC Resellers Settle FTC Invitation to Collude Investigation
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
On July 28, 2014, the Federal Trade Commission accepted, subject to final approval, settlements with InstantUPCCodes.com (“Instant”) and Nationwide Barcode (“Nationwide”), two of the leading barcode resellers, and their principals, Jacob Alifraghis and Philip Peretz, who...

 

HTMLDOJ’s FCPA Enforcement Power Gets A Big Boost
Bethany Hengsbach; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on July 29, 2014
In 2011, the Department of Justice (“DOJ”) stated that “[i]t’s not necessarily the wisest move for a company” to challenge the definition of “foreign official” under the Foreign Corrupt Practices Act (“FCPA”), and that “[q]uibbling over...

 

HTMLTying Health Spending to the Economy: What Does it Mean for the Future?
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 5, 2014, previously published on July 28, 2014
Politicians, researchers, and other stakeholders have long recognized the importance of a slowdown in health spending in the U.S. Optimistically, the nation’s health spending has experienced a record slow growth rate in recent years, and the Congressional Budget Office (CBO) recently revised...

 

HTMLSouthern District Magistrate Judge Clarifies FLSA “Computer Professional” Exemption
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 5, 2014, previously published on August 4, 2014
In an April 2014 decision in the Southern District of New York, Olorode v. Streamingedge, Inc., No. 11 Civ. 6934 (GBD) (AJP) (S.D.N.Y. Apr. 29, 2014), employers were given some clarification on the Computer Professional overtime exemption available under the Fair Labor Standards Act...

 

HTMLCollateral Estoppel Bars Copy-Cat Environmental Plaintiff in New Case After Judgment
Deborah M. Rosenthal, Joy Siu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 4, 2014, previously published on July 29, 2014
The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction of a large commercial retail center in the City of Rialto (the “City”) to be anchored by a Wal-Mart Supercenter. The court held that: (1)...

 

HTMLThe Buck Stops Here - Senate Bill Takes Aim at E-retailers
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
August 1, 2014, previously published on July 28, 2014
After more than a decade of trying to gain traction on Capitol Hill, brick-and-mortar retailers could be close to leveling the playing field with online merchants if the Marketplace and Internet Tax Fairness Act (“MITFA”) Senate bill proceeds.

 

HTMLTrending Information: The Connection Between Data Brokers and the Fashion Industry
Lindsay Colvin, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 29, 2014, previously published on July 24, 2014
Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to identify, target, and expand customer advertising and messaging. This...

 


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