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HTMLData Privacy Alert: Prepare for Changes to the US-EU Safe Harbor
Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 1, 2014
In the aftermath of disclosures of the extent of U.S. government monitoring of private communications, the European Commission is currently considering changes in the U.S.-EU Safe Harbor framework. The EU and its member states already have some of the strictest data privacy laws in the world. Under...

 

HTMLTrails-to-Rails-to-?: The Brandt Case and its Potential Impact on the Nation’s Trails
Andrew J. Alberg; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 12, 2014, previously published on May 8, 2014
A recent Supreme Court case may have a far-reaching impact on many of the United States’ “rails-to-trails” biking and jogging paths. In March, the Supreme Court held in an 8-1 decision that rights of way granted to railroad companies during the nineteenth century were mere...

 

HTMLSome QM Relief in Sight? CFPB Proposes Amendment to QM Rule Which Will Permit Creditors to Cure Inadvertent QM Violations Through Refunding Excess Points and Fees
Sherwin F. Root; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 9, 2014, previously published on May 2, 2014
The Bureau of Consumer Financial Protection (the “CFPB”) announced April 30 that it is proposing amendments to Regulation Z that will, among other things, permit a creditor that believes in good faith that it has made a qualified mortgage (“QM”) loan and learns afterwards...

 

HTMLTea Manufacturer Defeats Damages - Seeking Class Action Plaintiff in an Opinion Steeped in Comcast
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 8, 2014, previously published on April 29, 2014
In Lanovaz v. Twinings North America, Inc., 2014 WL 1652338, Case No. C-12-02646-RMW (N.D. Cal. April 24, 2014), the court granted-in-part and denied-in-part a motion for class certification in a false advertising case about tea labels. The plaintiff alleged that the defendant’s tea was...

 

HTMLContinuity of Enterprise is Enough for Successor Parties to be Liable
Lara Mouritsen; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
Successor liability is often a concern for the acquirer when purchasing substantially all of a seller’s assets. While this risk is well known, the circumstances under which an acquirer will be found liable under the theory of successor liability are less clear. The recent decision in Call...

 

HTMLProposed California Legislation Would Limit and Possibly Punish Non-Disparagement Clauses in Online Consumer Contracts
Tenaya Rodewald; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
On Tuesday, April, 22, the California Assembly Judiciary Committee voted 10-0 to approve a so-called “Yelp bill” that would prohibit companies from suppressing negative consumer reviews through the use of “non-disparagement clauses” in contracts with consumers. Such clauses...

 

HTMLFTC Offers Guidance on Social Media Contests
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection requiring disclosure under the FTC Endorsement Guidelines. At issue before the...

 

HTMLPreexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption
Micah D. Bobo, James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA categorical exemption, a state Court of Appeal has held. In...

 

HTMLInnovation Health: A joint venture approach to payer-provider integration in Virginia
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
In 2012, Aetna and Inova, a not-for-profit health system in Virginia, formed a joint venture health plan: Innovation Health. The health plan is an entirely new entity owned jointly by both organizations. Its network emphasizes Inova’s providers.

 

HTMLHas New York State Failed its Hospitals?
Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 29, 2014, previously published on April 25, 2014
According to New York’s Department of Health Commissioner, “nearly half [of] New York’s 227 hospitals are financially distressed.”

 


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