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HTMLIllinois Becomes The Fifth State To Enact So Called “Ban The Box” Law, Prohibiting Private Sector Employers From Asking About Criminal History
Brian S. Arbetter; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 26, 2014, previously published on July 25, 2014
This past Monday, July 21, 2014, Illinois joined Hawaii, Massachusetts, Minnesota and Rhode Island as the fifth State to enact a so called “ban the box” law. Signed by the Governor, the law will take effect on January 1, 2015. Called the Job Opportunities for Qualified Applicants Act,...

 

HTMLSecond Circuit Finds Possible Pretext in Vague Justification for Non-Transfer
Adam Pekor, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that statements concerning an employee’s “fit” for a position...

 

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 ....

 

HTMLGroundbreaking Cross-border Airport Terminal Linking Tijuana to San Diego Breaks Ground
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
Sheppard Mullin client, Otay Tijuana Venture, announced this week that a cross-border pedestrian bridge linking San Diego with Tijuana’s A.L. Rodríguez International airport will be set to open next year. The project, which began in 2008 when Otay Tijuana Venture purchased the land in...

 

HTMLState Council Released Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market
Xiaolu Xu; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
The State Council has released the Several Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market (the “Opinions”) on July 8, 2014.

 

HTMLDelaware Court of Chancery Rejects Indemnification Sleight of Hand
Thomas Michael, Ariel Yehezkel; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
In Branin v. Stein Roe Inv. Counsel, LLC, C.A. 8481-VCN, 2014 WL 2961084 (Del. Ch. June 30, 2014), the Delaware Court of Chancery held that a vested right to indemnification may not be rescinded by a subsequent amendment to the governing corporate document.

 

HTMLShedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...

 

HTMLDOL Proposes to Amend FMLA Definition of “Spouse” to Include Same-Sex Marriages
Christopher J. Collins, Shira Forman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
The U.S. Department of Labor has proposed amending the regulatory definition of “spouse” under the Family and Medical Leave Act to expressly include individuals in same-sex marriages.

 

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...

 

HTMLCalifornia Supreme Court Limits Application of Commissioned Employee Exemption
Thomas R. Kaufman, Anna M. Stancu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
On July 14, 2014, the California Supreme Court held in Peabody v. Time Warner Cable, Inc. that employees qualify for the California “commissioned employee” exemption in a pay period only if they receive “earnings [that] exceed one and one-half (1-1/2) times the minimum wage”...

 


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