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HTMLDepartment of Defense Updates Its Instruction for Acquisitions of Software and Weapons Systems
Christine R. Couvillon; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
On January 7, 2015, the U.S. Department of Defense (“DoD” or “the Department”) released an update for DoD Instruction 5000.02, on the “Operation of the Defense Acquisition Service.” The new Instruction is designed to assist acquisition personnel in tailoring the...

 

HTMLDOJ Issues Opinion, Provides (Some) Comfort on Successor Liability
Thaddeus Rogers McBride, Fatema K. Merchant; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 4, 2014
In a recent Opinion Procedure Release (OPR), Number 14-02, the U.S. Department of Justice expressly limited successor liability for a US company purchasing a non-US company that had paid bribes in the past. In so doing, DOJ may have given a little bit of comfort to US companies and issuers thinking...

 

HTMLIt’s Not Personal: Ninth Circuit Denies Putative Class Representative’s Appeal as Moot
Alex Kuljis; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 6, 2015
In Campion v. Old Republic Protection Company, Inc., No. 12-56784, (Dec. 31, 2014) the Ninth Circuit Court of Appeals held that a putative class representative’s appeal was moot because he had no personal stake in the case after voluntarily settling his individual claims. Douglas Campion...

 

HTMLUrgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1
Greg L. Berk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 9, 2015
For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to bring into the country its planned talent.

 

HTMLFDA Issues Guidance for Mobile Medical Applications: What Will be Subject to FDA Oversight and Enforcement?
Carrie A. Ross; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 18, 2014
On February 09, 2015, the FDA issued final guidelines to outline its regulatory enforcement approach to mobile medical applications (or “apps”). The FDA is taking a risk-based approach, focusing its oversight on apps that (1) meet the definition of medical devices under section 201(h)...

 

HTMLEmployers Are Not Required to Relieve Employees of All Duty During Rest Breaks
Kevin P. Jackson; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 17, 2015
In 2012, the California Supreme Court issued its highly-anticipated opinion in Brinker Restaurant Corporation, et al. v. Superior Court, 53 Cal. 4th 1004, which provided substantial clarity to California employers regarding the obligation to provide meal and rest breaks. While the Brinker court...

 

HTMLIn Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense
Helen Cho Eckert, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 18, 2015
On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health care and antitrust, affirming the lower court’s finding that a hospital-physician group merger completed nearly three years ago violated Section 7 of the Clayton Act. St. Alphonsus...

 

HTMLAnnual H-1B Visa Quota Will Open on April 1, 2015
Greg L. Berk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 11, 2015
For employers looking to bring non-U.S. citizens into the United States, an important immigration deadline is around the corner. Failure to plan properly for and meet this deadline may result in the employer’s inability to bring into the country its planned talent.

 

HTMLThe California Supreme Court Holds That Certain Security Guards Must Be Paid to Sleep
Lindsay M. Holloman, Daniel J. McQueen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 9, 2015
On December 31, 2014, the California Supreme Court held in Mendiola v. CPS Security Solutions, Inc. (Case No. S212704) that security guards who work shifts of 24 or more hours under Wage Order 4 must be compensated for their sleep time. The Court also held that, under the particular facts of the...

 

HTMLSecond Circuit Clarifies that Allegations of Direct Fraudulent Representations Are Not Necessary for Market Manipulation Claims Under Section 10(b) and Rule 10b-5
Tyler E. Baker, Manuel F. Gomez, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 24, 2015, previously published on February 11, 2015
In Fezzani v. Bear, Stearns & Co., Inc., No. 14-3983, 2015 WL 400547 (2d Cir. Jan. 30, 2015) (“Fezzani II”), the United States Court of Appeals for the Second Circuit clarified its opinion in Fezzani v. Bear, Stearns & Co., Inc., 716 F.3d 18 (2d Cir. 2013) (“Fezzani...

 


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