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HTMLPrincipal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
Meredith A. Jones-McKeown; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building ....

 

HTMLNinth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp.
J. Aaron George, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, could not be...

 

HTMLConan Doyle Estate’s Quixotic Attempt to Protect Sherlock Holmes
Eric K. Gill; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 22, 2014, previously published on July 15, 2014
Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law. While the holding was perhaps to be expected, the opinion introduced a mystery of its own: If not copyright, what will stop today’s...

 

HTMLIs Your Out-of-State LLC “Doing Business” in California?
D. Matthew Richardson, Dina B. Segal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 21, 2014, previously published on July 15, 2014
Individuals and entities, including those from outside California, who invest in or do business through an out-of-state limited liability company (“LLC”) may be surprised to find out that they have filing obligations and tax liabilities in California as a result of California’s...

 

HTMLOIG Issues Special Fraud Alert on Laboratory Payments to Referring Physicians
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
The Health and Human Services Office of the Inspector General (OIG) recently issued a Special Fraud Alert on laboratory payments to referring physicians. Specifically, the alert is concerned with Specimen Processing Arrangements and Registry Arrangements, which OIG believes pose substantial risks...

 

HTMLCMS Seeks to Update Payment Rates and Eligibility Certification Requirements in Proposed Rule for Medicare Home Health Services
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 17, 2014, previously published on July 7, 2014
On July 7, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule updating Medicare’s Home Health Prospective Payment System payment rates for 2015.

 

HTMLNew Updated FTC Care Labeling Rules: “Do’s and Don’ts”
Theodore C. Max, Gregg Re'; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 16, 2014, previously published on June 26, 2014
The Federal Trade Commission (“FTC”) enforces federal labeling requirements that require manufacturers, importers, sellers and distributors of certain textile and wool clothing to accurately label their products. For example, FTC rules require that manufacturers indicate the country of...

 

HTMLToo Good To Be True: FTC’s Crackdown On L’Occitane’s Body Slimming Almond Extracts
Jordan Grushkin, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 16, 2014, previously published on July 11, 2014
L’Occitane Inc’s advertisements for its topically-applied body sculpting almond extracts seemed straightforward: “Almond Shaping Delight 3 out of 4 women saw firmer, lifted skin. This luxuriously lightweight massage gel instantly melts into the skin to help visibly refine and...

 

HTMLFur Flies and West Hollywood (“WeHo”) Fur Ban Is Upheld By Federal Court
Jordan Grushkin, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 16, 2014, previously published on July 3, 2014
West Hollywood, California’s controversial law banning the sale of fur within city limits survived a legal challenge by a luxury retailer last month. A federal court dismissed the action brought by Mayfair House Inc., a retailer that sells high-end clothing products, including products made...

 

HTMLInternational Safe Harbor Privacy Compliance: What You Need to Know
Calvin Berman, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 16, 2014, previously published on July 14, 2014
Since early 2014, the Federal Trade Commission has charged at least fourteen U.S. businesses in varying industries, from fashion to telecommunications, for falsely claiming to participate in the US ¿ EU Safe Harbor privacy. Three of the companies were also charged with similar violations of...

 


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