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Sheppard, Mullin, Richter & Hampton LLP Document Search Results (336) Show: results per page Sort by:  | Student Loans: Nondischargeability Questioned in Seventh Circuit and Beyond
Adam McNeile; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article May 2, 2013, previously published on April 25, 2013 Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly excepts student loans from discharge, unless the exception of such indebtedness from discharge would impose an undue hardship upon the debtor. But two...
| | United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article May 1, 2013, previously published on April 25, 2013 In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, 2013 WL 1628935 (U.S. Apr. 17, 2013), the Supreme Court of the United States addressed the circuit split that arose following the 2010 decision of the United States Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum Co.,...
| | Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article May 1, 2013, previously published on April 29, 2013 In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement to the “fair use” defense to a claim of copyright...
| | Proposed New York City Bill Would Ban Credit Checks from Hiring Process
Brian Garrett, Jonathan Sokolowski; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article May 1, 2013, previously published on April 11, 2013 On April 11, 2013, the New York City Council’s Committee on Civil Rights debated a proposed bill that would ban employers from using credit checks to evaluate prospective employees. The proposed bill, called the Stop Credit Discrimination in Employment Act (the “SCDEA”), would...
| | "Actually, Someone Knows You are a Dog"-- the Chinese Regulation Efforts on Private Data Protection
Ling Zhang; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article April 26, 2013, previously published on April 24, 2013 "On the Internet, nobody knows you're a dog." First published in The New Yorker on July 5, 1993, this widely known and recognized saying has been quoted many times to describe the anonymous feature of Internet. However, now this description has been drifting from the truth.
| | Considerations For International Clients Who Intend to Buy A Home In the U.S.
Amy L. McEvoy; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article April 25, 2013, previously published on April 22, 2013 International buyers invested $82.5 billion in U.S. residential real estate (4.8% of total U.S. sales) according to the most recent survey conducted by the National Association of Realtors for the 12 month period ending with March 2012. According to that survey, the top states in the U.S. for...
| | Delaware Chancery Court Decisions Highlight That a "Crucial Difference" In Analyzing Director Liability For "Bad Faith" In the Context of an M&A Sales Process Is the Seriousness of the Bidder
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article April 25, 2013, previously published on April 23, 2013 Two decisions earlier this year by the Delaware Court of Chancery in which the Court (Noble, V.C.) reached opposite conclusions on the divergent facts before it, serve to highlight that determining whether a bidder is “serious” in its pursuit of the target is a key factor in analyzing a...
| | Delaware Supreme Court Affirms Preclusive Effect of Non-Delaware Dismissals and Rejects Irrebuttable Presumption That a Derivative Plaintiff Who Fails to Conduct a Section 220 Inspection Is an Inadequate Representative
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article April 25, 2013, previously published on April 23, 2013 In Pyott v. Louisiana Municipal Police Employees’ Retirement System, No. 380, 2012, 2013 WL 1364695 (Del. Apr. 4, 2013), the Delaware Supreme Court held the Delaware Court of Chancery erred in refusing to dismiss a derivative complaint nearly identical to one brought by different stockholders...
| | New Disability Access Law Imposes Notification Requirements For Commercial Leases
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article April 24, 2013, previously published on April 22, 2013 On July 1, 2013, pursuant to newly enacted California Civil Code Section 1938, owners of commercial real property must state on every lease form or rental agreement whether the property leased has undergone inspection by a Certified Access Specialist (commonly referred to as a “CASp”)...
| | FCC Considers Proposal To Lift 25% Cap On Indirect Foreign Investment In Broadcast Licensees
Douglas A. "Drew" Svor, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article April 24, 2013, previously published on April 23, 2013 In August 2012, the Coalition for Broadcast Investment (“CBI”), a group comprising national broadcast networks, radio and television station licensees, and community and consumer organizations, filed a letter with the FCC requesting clarification of the foreign ownership rules contained...
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