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HTMLGAO Reports FY 2013 Bid Protest Statistics
Christopher E. Hale; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
On January 2, 2014, the Government Accountability Office (“GAO”) provided its Annual Report to Congress with data concerning overall protest filings for Fiscal Year (“FY”) 2013 and a summary of the most prevalent grounds for sustaining protests during the preceding year.

 

HTMLA Peek Around the Curtain: A “Reverse” False Claims Act Settlement for Avoiding Customs Charges
Mark L. Jensen, Ryan E. Roberts; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
On November 14, 2013, the U.S. Department of Justice announced a False Claims Act settlement with Basco Manufacturing Company, a maker of shower enclosures, for $1.1 million related to misstatements on U.S. Customs and Border Protection (CBP) entry forms. The alleged misstatements were intended to...

 

HTMLFalse Claims Act Whistleblower Bounties Exceed $345 Million in Fiscal Year 2013
Anthony Navid Moshirnia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
The DOJ has released its Fiscal Year (“FY”) 2013 totals for civil settlements and judgments recovered under the federal False Claims Act (“FCA”). To say that the Department had a successful year in prosecuting fraud against the government would be putting it mildly. ...

 

HTML2014—A big year for Circular 698?
Bryan Pereboom; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
This year will mark a half-decade since the release of Circular 698. The confluence of local enforcement and increased exits by off-shore investors may make 2014 its most interesting year.

 

HTMLChief Judge Kozinski’s Ninth Circuit Dissent in U.S. v. Olsen Offers Hope that Courts Will Keep Prosecutors Honest
Joseph D. Barton; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
On December 10, 2013, the U.S. Court of Appeals for the Ninth Circuit denied a request for a rehearing en banc in United States v. Olsen, 2013 WL 6487376 (9th Cir. 2013) (ord. denying reh’g en banc). The defendant, Kenneth Olsen, sought to vacate, set aside, or correct his sentence on...

 

HTMLFourth Circuit Finds $24 Million False Claims Act Penalty Not Excessive Even Where No Damages Proven at Trial
Bora P. Rawcliffe; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 31, 2014, previously published on January 21, 2014
In a recent False Claims Act (“FCA”) opinion that has already been heavily criticized, the Fourth Circuit held that a $24 million penalty was not “excessive” under the Constitution even where damages were not proven at trial and where the government had paid only a total of...

 

HTMLNinth Circuit Rejects Percentage Method To Determine Attorneys’ Fees In Class Action Settlement
James Hill, Shannon Z. Petersen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 27, 2014, previously published on January 21, 2014
In Collado v. Toyota Motor Sales, U.S.A., Inc., Nos. 11-57013, 11-57023, 11-57030 (9th Cir. Dec. 16, 2013), the Ninth Circuit Court of Appeals reversed a district court’s attorneys’ fees award in a class action settlement alleging malfunctioning Toyota Prius headlights. The Ninth...

 

HTMLSuits Brought by State AGs Alone Not “Mass Actions”: SCOTUS Sides With 4th, 7th, and 9th Circuits in Clarifying CAFA’s Mass Action Requirements
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 27, 2014, previously published on January 17, 2014
In Mississippi ex rel. Hood v. AU Optronics Corp., No. 12-1036, 2014 U.S. LEXIS 645 (Jan. 14, 2014) the Supreme Court of the United States addressed the circuit split that arose after the 5th Circuit Court of Appeal’s holding in Louisiana ex rel. Caldwell v. Allstate Ins. Co., 536 F.3d 418...

 

HTMLSEC Announces 2014 Examination Priorities for Investment Advisers
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 22, 2014, previously published on January 17, 2014
On January 9, 2014, the Securities and Exchange Commission released its examination priorities for 2014 (the “2014 Exam Priorities Release”), covering a wide range of issues at financial institutions, including investment advisers and investment companies, hedge funds and private equity...

 

HTMLCalifornia Court of Appeal Clarifies Rights of Dissenting Minority Shareholders Under California Corporation Code § 1312(b)
Matthew Ardoin, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 22, 2014, previously published on January 16, 2014
In Busse v. United Panam Fin. Corp., No. G046805, 2014 Cal. App. LEXIS 11 (Cal. App. Jan. 8, 2014), the California Court of Appeal, Fourth Appellate District, held that when parties to a buyout are under common control, dissenting minority shareholders have the right to set aside or rescind an...

 


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