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HTMLDistrict Court Cites Recent “Evolution” of Rule 23 Standards to Deny Class Certification Motion in Securities Action Based Upon Allegedly Misleading Registration Statement
John M. Landry, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 1, 2014, previously published on April 1, 2014
In In re Kosmos Energy Ltd. Securities Litigation, No. 3:12-CV-373-B, 2014 U.S. Dist. LEXIS 36365 (N.D. Tex. Mar. 19, 2014), the United States District Court for the Northern District of Texas (Boyle, J.) denied lead plaintiff’s class certification motion in a consolidated action alleging...

 

HTMLApplying a Legal Bandaid to Defective Acts: Delaware Law Creates New Procedures to Ratify Defective Corporate Acts
Lauren Lewis, Irene Lu, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 28, 2014, previously published on March 26, 2014
On June 30, 2013, the State of Delaware amended the Delaware General Corporations Law (the “DGCL”) to include two new sections, Section 204 and Section 205 (together, the “Ratification Provisions”). Set to take effect on April 1, 2014, the Ratification Provisions provide...

 

HTMLSarbanes-Oxley Whistleblower Protections Cover Employees of a Public Company’s Private Contractors
Gregory P. Barbee; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2014, previously published on March 25, 2014
On March 4, 2014, the United States Supreme Court, in a 6-3 decision, expanded the protections offered to whistleblowers under anti-fraud laws, in Lawson v. FMR LLC. In its decision, the Court ruled that a specific protection against retaliation enacted as part of the Sarbanes-Oxley Act after...

 

HTMLCrimea River: U.S. Rushes to Impose Sanctions
Thaddeus Rogers McBride, Cheryl Palmeri; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2014, previously published on March 25, 2014
The situation with respect to U.S. sanctions related to Russia and Ukraine is evolving rapidly. As we previously reported, on March 6, 2014, President Obama issued Executive Order 13660, which authorized the blocking of property of individuals and entities involved in the political destabilization...

 

HTMLProceed with Caution: D.C. District Court Says Attorney-Client Privilege and Work Product Doctrine Do Not Survive Internal Fraud Investigation Conducted by Non-Attorneys
Christopher E. Hale, Bora P. Rawcliffe; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2014, previously published on March 25, 2014
On March 6, 2014, the District Court for the District of Columbia issued an opinion in United States ex rel. Barko v. Halliburton Company et al. that should serve as a wake-up call for all companies conducting internal compliance investigations to evaluate whether those investigations are...

 

HTMLSEC Brings Charges Against SEC Registered Investment Adviser for Improperly Allocating Expenses and Other Violations of the Investment Advisers Act of 1940 (the “Advisers Act”)
Thomas M. Devaney, Lauren Lewis, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2014, previously published on March 25, 2014
On February 25, 2014 the Securities and Exchange Commission (the “SEC”) filed public administrative and cease-and-desist proceedings against Arizona-based Clean Energy Capital, LLC (a registered investment adviser, “CEC”) and its founder and Chief Executive Officer Scott...

 

HTMLCommercial Division Justices Oing and Scarpulla Participate In New Pilot Program
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
March 26, 2014, previously published on March 24, 2014
The New York Supreme Court, Commercial Division, has announced that two of its judges, Justices Oing and Scarpulla, will participate in a new program strongly encouraging use of hyperlinks in submissions to the Court. The hyperlinks are to be utilized in all affidavits, affirmations, exhibits...

 

HTMLThe Commercial Division Reviews Arbitrations: Three Recent Decisions Clarify Standards For Actions Brought Pursuant To Article 75 of the CPLR
Rena Andoh; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 26, 2014, previously published on March 24, 2014
Several recent decisions by Commercial Division Justices, two of them affirmed by the First Department, have clarified the limitations and standards applied in actions brought pursuant to Article 75 of the CPLR. Article 75 permits participants in binding arbitration, irrespective of what arbitral...

 

HTMLChina Cracking Down On Pharmaceutical Corruption
Ling Zhang; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 26, 2014, previously published on March 25, 2014
On December 25, 2013, the National Health and Family Planning Commission of China (“National Health Commission”, former Ministry of Health) issued the amended Provisions Regarding the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries...

 

HTMLFTC Targets Reporting of Licensing of Pharmaceutical Patents With Special Rules for Premerger Notification: What You Need to Know
Peter S. Reichertz; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2014, previously published on March 19, 2014
On November 15, 2013, the Federal Trade Commission (“FTC”) adopted special rules for determining whether “exclusive” licenses of pharmaceutical patents are required to be reported to the FTC and the Antitrust Division of the Department of Justice under the Hart-Scott-Rodino...

 


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