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HTMLFull Speed Ahead for Meaningful Use 
Vinay Bhupathy, Eric A. Klein; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 31, 2015, previously published on March 24, 2015
On Friday, March 20, 2015, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule which would make significant changes to the federal Medicare and Medicaid Electronic Health Records (“EHR”) Incentive Programs (collectively the “Meaningful Use...

 

HTMLMore Risk for All and “Free” Care?
Vinay Bhupathy, Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
While the Supreme Court continues to debate the outcome of King v. Burwell in their chambers, stakeholders must be prepared for the potential fallout the nine justices’ ruling may have. Two weeks ago, we summarized the underpinnings of the case and last week, we reviewed the impact of a...

 

HTMLImportant Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective January 1, 2015
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 30, 2015, previously published on March 2, 2015
Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including (1) an initial disclosure form regarding the nature of agency relationships, which is typically provided at the time a listing...

 

HTMLCalifornia Court of Appeal Lowers the Bar on Ascertainability Requirement in Consumer Class Actions
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 30, 2015, previously published on March 26, 2015
In Aguirre v. Amscan Holdings, Inc., Case No. 073059, 2015 Cal. App. LEXIS 214 (Cal. Ct. App. Feb. 11, 2015), a California Court of Appeal reversed the denial of certification of a putative class alleging violation of Civil Code Section 1747.08 of California’s Song Beverly Credit Card Act....

 

HTMLNot So Small After All: Call Fire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case
David S. Almeida, Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 30, 2015, previously published on March 18, 2015
Last month, in Rinky Dink, Inc. v. Electronic Merchant Systems, et al., No 13-cv-01347, 2015 WL 778065 (W.D. Wash. Feb. 24, 2015), online voice and text provider CallFire became one of the first (if not the first) TCPA defendants to avoid liability for pre-recorded calls through the common carrier...

 

HTMLNever Let Them See You Coming—Keys to Setting Up Witnesses Interviews In An Internal Investigation
Juan C. Castañeda; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on January 22, 2015
With those words, the silver-haired senior-level executive of the customs broker I was investigating for bribery let me know that his guard was down. In fact, he seemed relieved and almost eager to help me, a young lawyer that reminded him of his nephew.

 

HTMLCEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage repair and site revegetation. The decision addressed various CEQA issues, including the environmental baseline determination, the...

 

HTMLSacramento Kings Win Again; Second CEQA Challenge Rejected
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges brought under CEQA to certification of an EIR and approval of a project to build a new arena in downtown Sacramento. The project involves a...

 

HTMLOn the Eve of Oral Arguments before the U.S. Supreme Court in King v. Burwell: Obamacare in the Balance 
Ken Yood; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2015, previously published on March 2, 2015
As every healthcare geek and Supreme Court wonk will tell you, on March 4, the U.S. Supreme Court will hear oral argument in King v. Burwell (an amalgamation of four cases - King v. Burwell, Halbig v. Burwell, Pruitt v. Burwell, and Indiana v. IRS). As the latest attack on the Affordable Care Act...

 

HTMLHHS Launches New Payment and Delivery Model to Improve Oncology Care
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2015, previously published on February 25, 2015
Cancer care is notoriously complex, intensive and costly. With more than 1.6 million people diagnosed with cancer each year, there is a strong impetus towards reforming service delivery. Accordingly, the U.S. Department of Health and Human Services is launching a new payment and care delivery model...

 


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