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HTMLDodd-Frank’s Intersection with the Bankruptcy Code Could Have Significant Impact for Unsecured Creditors
Sean Cornely; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
March 25, 2014, previously published on March 21, 2014
On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. v. Jacob J. Lew, et al. filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit in their appeal of the District Court’s decision...

 

HTMLFederal Contractors Face New Requirements Regarding Recruitment, Hiring, and Identification of Individuals with Disabilities
Shira Forman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2014, previously published on March 21, 2014
Effective March 24, 2014, a new rule from the Office of Federal Contract Compliance Programs will require federal contractors and subcontractors to take additional steps to recruit, hire, and retain individuals with disabilities, including surveying employees regarding their disability status and...

 

HTMLIt Doesn’t Pay to Steal: In Largest Ever Kleptocracy Forfeiture Action, DOJ Seizes $458 Million
Fatema K. Merchant; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 19, 2014, previously published on March 10, 2014
On March 5, 2014, the U.S. Department of Justice announced that it had frozen over $458 million of ill-gotten assets that former Nigerian dictator Sani Abacha and his co-conspirators had stashed in bank accounts across the globe. The DOJ is seeking to recover almost $100 million more. The...

 

HTMLNew York State Budget Negotiations Contemplate Private Equity Investment Into Hospitals...Again
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 19, 2014, previously published on March 17, 2014
Should private equity play a bigger role in New York State healthcare facilities? This is the question facing New York State legislators for the second year in a row.

 

HTMLInterior’s Carcieri Opinion Means More Diligence for Trust Land Development Projects
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 19, 2014, previously published on March 14, 2014
The Office of the Solicitor of the Department of the Interior has issued a legal opinion (the “Opinion“) to the Secretary of the Interior interpreting the statutory phrase “under federal jurisdiction” in the Indian Reorganization Act, 25 U.S.C. § 461 et seq. (1934),...

 

HTMLThe Gloves are Off: U.S. Sanctions Block Aggressors in Crimea
J. Scott Maberry, Cheryl Palmeri; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 19, 2014, previously published on March 10, 2014
In response to Russia’s military presence in the Crimean region of Ukraine, President Obama issued an Executive Order (“EO”) on March 6, 2014, authorizing the blocking of property of individuals and entities involved in the political destabilization of Ukraine. The EO provides...

 

HTMLAn Assessment of the CFIUS 2012 Annual Report
Mark L. Jensen, Thaddeus Rogers McBride; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 19, 2014, previously published on March 10, 2014
In December 2013, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress (the “Report”) covering transactions it reviewed in Calendar Year 2012. (Yes, Calendar Year 2012 - CFIUS takes its time publishing its annual reports.)...

 

HTMLColorado Pilots An Integrated Model For The Medicare And Medicaid Dual-Eligible Population
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 19, 2014, previously published on March 11, 2014
Last week, the Centers for Medicare and Medicaid Services (CMS) announced that Colorado is joining its Financial Alignment Initiative to pilot a managed fee-for-service model for people enrolled in both Medicare and Medicaid (commonly known as dual-eligibles).

 

HTMLUnited States Supreme Court Holds That Section 806 of the Sarbanes-Oxley Act Extends to Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies
Sean J. Kirby, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
In Lawson v. FMR, LLC, No. 12-3, 2014 WL 813701 (U.S. Mar. 4, 2014), the Supreme Court of the United States, in a 6-3 decision reversing the United States Court of Appeals for the First Circuit, held that the whistleblower protection provision in Section 806 of Sarbanes-Oxley Act of 2002, 18 U.S.C....

 

HTMLTenth Circuit Looks Past “General Partnership” Labels in Agreements to Determine Whether Certain Investments Constitute “Securities”
Mercedes A. Cook, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 17, 2014, previously published on March 10, 2014
In SEC v. Shields, No. 12-1438, 2014 U.S. App. LEXIS 3369 (10th Cir. Feb. 24, 2014), the United States Court of Appeals for the Tenth Circuit reversed the district court’s order granting defendants’ motion to dismiss, holding that the complaint alleged sufficient facts to (1) raise a...

 


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