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HTMLNo Change Of Position, No Estoppel
Alejandro E. Moreno, Lisa S. Yun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 9, 2015
Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of Appeal affirmed a trial court’s dismissal of plaintiffs’ claims for...

 

HTMLNew Russian Sanctions Legislation
Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 19, 2014
On December 18, the President signed legislation passed by Congress that authorizes further sanctions on Russia. The Ukraine Freedom Support Act of 2014 (UFSA) is aimed to assist “in restoring Ukraine’s sovereignty and territorial integrity” and to deter the Russian Government...

 

HTMLNo Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy
Eric J. DiIulio, Anna S. McLean; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 18, 2014
On December 15, 2014, the United States Supreme Court resolved a circuit split in holding that a defendant need not supply evidence of the amount in controversy in its notice of removal under the Class Action Fairness Act (“CAFA”). In Dart Cherokee Basin Operating Co. v. Owens, No....

 

HTMLNow That That’s Settled: The Status of Class Action Settlements in the Seventh Circuit after Pella, Radioshack and NBTY
David S. Almeida, Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 5, 2014
Over the last several months, Judge Richard Posner has authored a triumvirate of opinions reversing the district courts’ approval, over objections, of consumer class action settlements—Eubank v. Pella Corp., 753 F.3d 718 (7th Cir. 2014), Redman v. RadioShack Corp., 768 F.3d 622 (7th...

 

HTMLChange Your Entire Energy Export Policy Using This One Weird Trick! BIS “Clarifies” Short Supply Controls to Make Oil Exporting Easier
Reid Whitten; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 15, 2015
On December 30 the Commerce Department shifted the oil export landscape as it had existed for 40 years, with only a little administrative sleight-of-hand.

 

HTMLMilitary Electronics Export Reform: Let the Chips Fall Where They May
J. Scott Maberry, Reid Whitten; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 4, 2014
Every time there is a new round of reforms under the President’s Export Control Reform initiative, we hear the same advice:

 

HTMLHigher Filing Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced
Malika Levarlet, Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 16, 2015
On January 15, 2015, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing thresholds are revised annually, based on the change in gross national product and will be effective thirty days...

 

HTMLThe Artist’s Legacy - Business and Legal Planning Issues
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 29, 2015
Sheppard Mullin attorneys Christine Steiner and Lauren Liebes recently joined Weston Naef, Getty Photography Curator Emeritus, and ASA appraiser Jennifer Stoots for “What Will Become of Your Legacy”, a panel discussion at Los Angeles Center of Photography. The panel addressed business...

 

HTMLRemoving All Doubt: The First Circuit Clarifies the Conditions Triggering the 30-Day Removal Window When the Earlier, Initial Pleading Does Not Disclose Grounds for Removal
John M. Landry; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on November 17, 2014
In Romulus v. CVS Pharmacy, Inc., No. 14-1937, 2014 U.S. App. LEXIS 20548 (1st Cir. Oct. 24, 2014), the First Circuit Court of Appeals clarified the conditions triggering a defendant’s 30-day window to remove a case to federal court under the Class Action Fairness Act, 28 U.S.C. § 1332,...

 

HTMLFirst Circuit Reaffirms FCA’s “First-to-File” Bar as a Broad Jurisdictional Limit
Matthew W. Turetzky; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
In early December 2014, the United States Court of Appeals for the First Circuit reaffirmed that circuit’s broad interpretation of the False Claims Act’s “first-to-file” bar, 31 U.S.C. § 3730(b)(5), in United States ex rel. Ven-a-Care of the Fla. Keys v. Baxter...

 


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