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HTML2014 Compliance Checklist for Investment Advisers
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 3, 2014, previously published on February 26, 2014
For those of you still easing into 2014, we thought that now would be a good time to help you plot out your regulatory and internal compliance schedules for the upcoming calendar year.

 

HTMLCorporate Internal Investigations: Best Practices
Bryan D. Daly, Melissa K. Eaves, Christopher E. Hale; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 3, 2014
A CEO receives an anonymous call claiming that someone is stealing company trade secrets or that an employee is taking kickbacks from a vendor. A GC gets a call from the HR director who has an employee accusing the company of submitting false bills to a government agency. You are served by a...

 

HTMLDelaware Chancery Court Declines to Apply Offer-of-Judgment Rule in Appraisal Proceedings
Danielle Levine, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 3, 2014, previously published on February 25, 2014
In Huff Fund Investment Partnership v. CKx, Inc., Civil Action No. 6844-VCG, 2014 WL 545958 (Del. Ch. Feb. 12, 2014) (Glasscock, V.C.), the Delaware Court of Chancery denied a request by respondent CKx, Inc. (“CKx”) to compel the petitioning stockholder to accept the tender of an...

 

HTMLEveryone Gets To See The Evidence: The California Court Of Appeal Rejects an Attorneys’ Fee Award Based On The Trial Court’s In Camera Review Of Class Counsel’s Billing Records
Isaiah Z. Weedn; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 25, 2014
In Concepcion v. Amscan Holdings, Inc. et al., — Cal.Rptr.3d —-, 2014 WL 595822 (Cal.App. 2 Dist. Feb. 18, 2014) the California Court of Appeal rejected class counsel’s fee award where class counsel’s billing records were provided to the trial court for review, but were not...

 

HTMLWhen 30 Days Just Isn’t Enough: The Ninth Circuit Rules that Defendants’ Right to Remove May Not be Limited to 30 Days
Maggie Brennan; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 25, 2014
In Rea v. Michaels Stores, No. 14-55008, 2014 U.S. App. LEXIS 2928 (9th Cir. Feb. 18, 2014), the Ninth Circuit reversed the district court’s order remanding a wage-and-hour class complaint to state court, ruling that the defendant employer’s removal of the case to federal court under...

 

HTMLAin’t Nothing Like the Real Thing: Despite Forgery Scandals, the Fine Art Market is Booming
Sheppard Mullin; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 19, 2014
On January 23, in a rare public appearance, Jasper Johns testified against a New York foundry owner, Brian Ramnarine, who was charged with creating unauthorized sculptures, including a fraudulent Johns “Flag” sculpture which Ramnarine allegedly made from the original mold and attempted...

 

HTMLComity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 19, 2014
In Murray v. Sears, Roebuck and Co., No. C 09-5744, 2014 WL 563264 (N.D. Cal. Feb. 12, 2014), the U.S. District Court for the Northern District of California denied a motion for class certification that was practically identical to a motion brought in the U.S. District Court for the Northern...

 

HTMLDelaware Court of Chancery Applies Implied Covenant of Good Faith and Fair Dealing to Prohibit An Acquiring Entity From Diverting Revenues to Depress Payouts Under a Contingent Purchase Price Provision
Bridget Russell, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2014, previously published on February 19, 2014
In American Capital Acquisition Partners, LLC v. LPL Holdings, Inc., CA NO. 9490-VCG, 2014 WL 354496 (Del. Ch. Feb. 3, 2014), the Delaware Court of Chancery applied the implied covenant of good faith and fair dealing to a merger agreement’s contingent purchase price provision. The court held...

 

HTMLNinth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each Putative Class Member’s Exposure to Misleading Statements in Doubt
Sascha Henry, John M. Landry; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 18, 2014, previously published on February 13, 2014
In Berger v. Home Depot USA, Inc., Case No. 11-55592, 2014 U.S. App. LEXIS 2059 (9th Cir. Feb. 3, 2014), the Ninth Circuit Court of Appeals affirmed the denial of class certification based largely on evidence that the defendant’s point-of-sale signs and oral statements supplied allegedly...

 

HTMLBitcoins and Liability in the Wake of Recent Silk Road Arrests
Mukund H. Sharma; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2014, previously published on February 11, 2014
The recent arrests of Robert Faiella, an alleged seller on online marketplace Silk Road, and Charlie Shrem, the CEO of the startup BitInstant, marked a recent round in a series of law enforcement actions against what the government characterizes as a “rise in criminal activity” by...

 


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