Sheppard Mullin Richter & Hampton LLP

Contact
Share
Info
333 S. Hope Street, 43rd Floor
Los Angeles, CA 90071, United States
Phone: 213.620.1780
Fax: 213.620.1398
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • New York
  • Texas
Other Countries
  • Belgium
  • China
  • South Korea
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Fiduciary Duties in the Context of Dent v. Ramtron Int’l Corp.

The Delaware Court of Chancery recently addressed a number of claims commonly made in the “ubiquitous” stockholder litigation that follows announcement of a public merger or acquisition transaction. In Dent v. Ramtron Int’l…more

Acquisitions, Breach of Duty, Fiduciary Duty, Mergers, Shareholder Litigation

See all updates »

Cementing Victory by Accepting Defeat: When Can a Patentee’s Infringement Disclaimer Moot an Appeal of an IPR Decision?

A recent Federal Circuit case, ABS Global, Inc., v. Cytonome/ST, LLC, answered the interesting question of whether a patentee’s infringement disclaimer can moot a challenger’s appeal of an inter partes review (“IPR”) decision. …more

Appeals, Disclaimers, Inter Partes Review (IPR) Proceeding, Mootness, Patent Infringement

See all updates »

CEQA Reforms for Clean Energy Projects: Still Possible Despite Senate Budget Committee Rejection?

On May 19, 2023, California Governor Gavin Newsom proposed a legislative package of 10 bills reforming the California Environmental Quality Act (CEQA) intended to speed up construction of clean energy projects by streamlining…more

California, CEQA, CEQA Reform, Clean Energy, Energy Projects

See all updates »

The Future of Watching Sports

On October 22, 1939, the first NFL game aired on television. Over 80 years later, the first NFL game was exclusively accessible via a streaming platform. What started as two cameras and eight staffers broadcasting to 1,000…more

Broadcasting, Internet Streaming, Live Streaming, NFL, Online Platforms

See all updates »

FinCEN Proposes New Rule to Deter Money Laundering in the Residential Real Estate Sector

On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) designed to combat and deter money laundering in the U.S…more

Anti-Money Laundering, Antitrust Division, Beneficial Owner, Buyers, FinCEN

See all updates »

FTC Reports Rise in “Dark Pattern” Tactics in Consumer Markets

On September 15, the FTC released a report, Bringing Dark Patterns to Light, that shows an increase in the use of sophisticated “dark pattern” design practices by retailers intended to manipulate consumers into making decisions…more

Advertising, Consumer Financial Products, E-Commerce, Enforcement Actions, False Advertising

See all updates »

The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument

In VLSI Technology LLC v. Intel Corporation, No. 22-1906 (Fed. Cir. 2023), VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury trial…more

Evidence, Innovation Patent, Intellectual Property Litigation, Intellectual Property Protection, IP License

See all updates »

California Court of Appeal Holds that SEC Filings May Be Protected Activities Under Anti-SLAPP Statute

On December 27, 2021, the California Court of Appeal issued two decisions addressing whether claims arising from statements made in filings with the Securities and Exchange Commission (“SEC”) fall within California’s statute…more

Anti-SLAPP, Appeals, Cal Code of Civil Procedure, California, Financial Institutions

See all updates »

Commercial Real Estate Tips of the Week: Practical Answers from Sheppard Mullin’s Coronavirus Task Force

Well, it’s been quite a week for all of us! Our national real estate team has compiled the top COVID-19 questions we received from our clients. The following is a summary of our guidance and suggested action items: Q: A…more

Best Practices, Centers for Disease Control and Prevention (CDC), Commercial Leases, Coronavirus/COVID-19, Landlords

See all updates »

Nollywood Needs Co-Production Treaties to Move to the Next Level

Nollywood, as Nigeria’s movie industry is widely known, has grown in leaps and bounds since the acclaimed 1992 home video movie, “Living in Bondage”. In less than two decades, the average film production budget has increased by…more

Entertainment Industry, Film Industry, Media, Nigeria, Treaties

See all updates »

Better Safe Than Sorry: OMB Releases Memorandum on Managing AI Risks in the Federal Government

On March 28, 2024, the Office of Management and Budget (“OMB”) issued Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (the “Memo”). This is the final version of…more

Artificial Intelligence, Data Privacy, Data Security, OMB, Policy Memorandums

See all updates »

Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement

In Cantor Fitzgerald, L.P. v. Ainslie, No. 162, 2023, 2024 WL 315193 (Del. Jan. 29, 2024), the Delaware Supreme Court held enforceable a “forfeiture for competition” provision in a limited partnership agreement, upholding “the…more

Competition, DE Supreme Court, Delaware, Employer Liability Issues, Non-Compete Agreements

See all updates »

Thinking of Jumping on the NFT Bandwagon – Are you Prepared?

“NFT” was 2021’s word of the year. This isn’t too surprising—they’re everywhere! The market cap for NFT transactions jumped from roughly $400 million at the beginning of 2021 to over $7 billion by year’s end. What’s next and…more

Blockchain, Compliance, Cryptocurrency, Digital Assets, Digital Currency

See all updates »

The Changing Landscape of Electronic Service

For a moment in March 2020, litigation stopped abruptly when the first case of COVID-19 was confirmed in New York. Within a matter of weeks, the New York State Courts shifted to online operations and, amazingly, the…more

Coronavirus/COVID-19, Electronic Communications, Electronic Data Transmissions, Electronic Records, New York

See all updates »

New Bills Being Served Up That May Soon Impact Food Retailers and Manufacturers

California’s Legislature has been busy, proposing a number of bills that may affect California food retailers and manufacturers, should they be signed into law. Some could become effective as early as July 2024. Below are the…more

Beverage Manufacturers, California, Food Manufacturers, Legislative Agendas, Proposed Legislation

See all updates »

California Strengthens Non-Competition Law

California has passed two new items of legislation, Senate Bill 699 and Assembly Bill 1076, which will further regulate and restrict the enforcement of employment non-compete agreements in California, and expand the scope of…more

California, Employees, Employer Liability Issues, Employment Contract, Labor Code

See all updates »

NIST Expands Cybersecurity Framework with Release of Version 2.0

In its first major overhaul since 2014, the National Institute of Standards and Technology (NIST) updated its Cybersecurity Framework (CSF) on February 26, 2024. The updated 27-page CSF version 2.0 builds on version 1.1 and…more

Cybersecurity, Cybersecurity Framework, Data Security, Federal Contractors, NIST

See all updates »

Organizational Integrity Shorts: The Importance of Post-Investigation Activities

Aristotle said “well begun is half done.” About 2,300 years later, Mary Poppins shared the same advice with her young charges, Jane and Michael. The adage generally is understood to mean that a thoughtful and disciplined start…more

Business Strategies, Corporate Culture, Corporate Governance, Corporate Management, Ethics

See all updates »

Closing the Loopholes: The Biden-Harris Administration’s Action Against “Junk Insurance”

On March 28, 2024, the Biden-Harris Administration released final rules intended to lower health care costs and protect consumers from being induced into purchasing so-called “junk insurance” policies (the “Final Rules”)…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Health Insurance

See all updates »

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham…more

Intellectual Property Protection, Lanham Act, Summary Judgment, Trade Dress, Trademark Application

See all updates »

Expert or Arbitrator? Resolving Purchase Price Adjustment Disputes

Acquisition agreements in M&A transactions frequently include provision for payment to be made at closing based on estimates of certain financial metrics that are later subject to a purchase price adjustment based on a final…more

Acquisition Agreements, Acquisitions, Arbitration, Buyers, Contract Negotiations

See all updates »

SEC Updates Non-GAAP Financial Measures Guidance

On December 13, 2022, the Staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission updated its Non-GAAP Financial Measures Compliance & Disclosure Interpretations (“C&DIs”). The C&DIs are…more

C&DIs, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

See all updates »

NLRB General Counsel Seeks to Reinstate Radical Standard for Union Recognition and Restrict Employer Free Speech During Corporate Organizing Campaigns

In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The National…more

Appeals, Free Speech, NLRA, NLRB, NLRB General Counsel

See all updates »

Impacts of Covid-19 on Closing M&A Transactions

The World Health Organization declared the outbreak of the novel coronavirus disease (COVID-19) a pandemic, prompting numerous public and private organizations and agencies to accelerate their contingency plans so as to mitigate…more

Acquisitions, Business Formation, Coronavirus/COVID-19, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In UM/UIM Claims Handling

One of the most powerful weapons an insurance company can use to defeat a bad faith claim is the “genuine dispute” doctrine. Under this doctrine, as long as there was a genuine dispute regarding coverage or the amount owed, the…more

Bad Faith, California, Damages, Genuine Dispute Doctrine, Insurance Industry

See all updates »

Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility…more

Alice/Mayo, Inventions, Inventors, Legislative Agendas, Patent Applications

See all updates »

Updates on GHG Emissions Disclosure Requirements

Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions - Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to…more

Climate Change, Contractors, Department of Defense (DOD), Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

FTC Cracks Down On Violations of Newly-Codified “Made in USA” Claims Rule

The Federal Trade Commission (“FTC”) recently settled an enforcement action against an advertiser for $753,000 for deceptive “Assembled in USA” product claims, the first such settlement following the FTC’s recent adoption of a…more

Advertising, Civil Monetary Penalty, Enforcement Actions, False Advertising, Federal Trade Commission (FTC)

See all updates »

Navigating Dual Purpose Communications After SCOTUS (Almost) Weighs in on Attorney-Client Privilege: 5 Practical Tips for Healthcare Attorneys

Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client…more

Attorney-Client Privilege, Dual Purpose, Healthcare, Legal Advice, Privileged Communication

See all updates »

Nota Bene Episode 96: Examining Amnesty Conditions Under the U.S. Antitrust Leniency Scheme with Dylan Ballard and Mike Scarborough

Antitrust litigation of cartels in the U.S. is a complex area of law that skilled attorneys must guide their clients through. To fully understand the nuances of this area of law, we’re exploring the development of the Antitrust…more

ACPERA, Department of Justice (DOJ)

See all updates »

Troubled Debt Restructuring: Phase 3 Stimulus Bill

On March 25, 2020, the Senate passed an amendment to H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (as amended, the “CARES Act”), which (as of March 26, 2020) is being considered in the House..…more

CARES Act, Coronavirus/COVID-19, Debt Restructuring, Financial Stimulus

See all updates »

The Reauthorization and Revival of the Paycheck Protection Program and Economic Injury Disaster Loan Program under the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act

[Update: This article has been updated since its initial publication on December 31, 2020.] On December 27, 2020, President Donald Trump signed into law the Consolidated Appropriations Act, 2021 (the 2021 Consolidated…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Loan Applications

See all updates »

California Climate Change Legislation, Policy and Regulation – 2023 in Review

As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp of…more

Automotive Industry, California, Clean Air Act, Clean Energy, Climate Action Plan

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

The FTC Continues Its Focus on the Mobile Arena

The Federal Trade Commission has recently focused its consumer protection efforts on the mobile arena, and particularly video game companies operating in that arena. Early last year, the FTC issued several staff reports…more

Apple, COPPA, Federal Trade Commission (FTC), Gaming, Mobile Apps

See all updates »

Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either

California Governor Jerry Brown recently signed into law S.B. 568, the first bill of its kind in the nation. S.B. 568 enacts two new statutes under the title “Privacy Rights for California Minors in the Digital World.” The…more

Advertising, Children's Products, COPPA, Minors

See all updates »

California Expands Family and Medical Leave Entitlements

A new California statute will significantly expand current family and medical leave laws, by expanding the obligation to provide job-protected leave to small businesses with as few as five employees, allowing leave to be taken…more

California Family Rights Act (CFRA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Families First Coronavirus Response Act (FFCRA)

See all updates »

Answers for Nonprofits Seeking Relief under the CARES Act

In this time of crisis, nonprofits of all shapes and sizes have been scrambling to obtain assistance under the federal CARES Act. Sheppard Mullin’s Nonprofit Team is grateful for the special opportunity to help by partnering…more

Banks, Business Closures, Business Interruption, CARES Act, Centers for Medicare & Medicaid Services (CMS)

See all updates »

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although…more

Acquisitions, Amgen v Sanofi, Antitrust Division, Artificial Intelligence, Biden Administration

See all updates »

Your Los Angeles Region Land Use Digest

Sheppard Mullin is pleased to share the first issue of our quarterly LA Land Use Digest, featuring: updates on the latest legislation from the region (The Council File); exemplary, forthcoming projects (In the Pipeline); and…more

California, City Planning Departments, Community Development, Legislative Agendas, Local Ordinance

See all updates »

PTAB Makes Significant Changes to Director Review Process

After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the…more

America Invents Act, Appeals, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board

See all updates »

NLRB Expands Scope of What Is Considered Protected Concerted Activity in Workplaces

On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7 of…more

Employee Rights, Employer Liability Issues, Employment Litigation, Employment Policies, NLRA

See all updates »

The PACE Solution to Increasing Demands for Long-Term Services and Supports in the U.S.

As individuals continue to live longer beyond retirement and the U.S. population size of those 65 years and older continues to increase, the demand for long-term services and supports (“LTSS”) is also expected to increase. LTSS…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, Long Term Care Facilities, Long-Term Care, Medicaid

See all updates »

Summary of Actions Taken by US Government on Sunday, March 12 in Response to SVB Failure and Related Fallout

Following FDIC’s actions on Friday to place Silicon Valley Bank (“SVB”) in receivership, the Department of the Treasury, the FDIC, and the Federal Reserve announced several measures on Sunday, March 12, 2023 aimed at avoiding…more

Banking Sector, Banks, Depository Institutions, FDIC, Federal Reserve

See all updates »

Latest CFPB Supervisory Highlights Keys in on Accuracy in Consumer Credit Reports

On April 8, the CFPB published its Spring 2024 Supervisory Highlights detailing key findings from the CFPB’s recent examinations into perceived accuracy problems in the credit reporting system. Notably the report focused solely…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reporting Agencies, Fair Credit Reporting Act (FCRA), Fraud

See all updates »

Eighth Circuit Holds Rule 23(b)(3)’s Predominance Requirement Not Met in Securities Fraud Action Against Brokerage Firm

In Ford v. TD Ameritrade Holding Corp., 2021 U.S. App. LEXIS 12008 (8th Cir. Apr. 23, 2021), the United States Court of Appeals for the Eighth Circuit reversed a district court’s order certifying a class of customers who had…more

Algorithmic Trading, Appeals, Broker-Dealer, Class Action, Class Certification

See all updates »

DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers

On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.  In addition, DHS recently announced enhanced remote verification…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, Employer Liability Issues

See all updates »

SCOTUS to Determine Whether Highly Compensated Employees Are Entitled to Overtime Pay

On May 2, 2022, the Supreme Court of the United States (“SCOTUS”) granted an employer’s petition for review to determine whether highly compensated employees are entitled to overtime compensation under the Fair Labor Standards…more

Day-Rate Pay, Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

See all updates »

Update to: A Lifeline Amidst Turbulent Times: California Lawmakers Approve Emergency Loans for Struggling Hospitals

As an update to our previous post, on Monday, May 15, 2023, California Governor Gavin Newsom signed into law Assembly Bill 112 (“AB 112”), which is designed to provide critical relief to qualified struggling hospitals across the…more

California, Coronavirus/COVID-19, Financial Distress, Governor Newsom, Healthcare

See all updates »

New Interim Final Rules Re: PPP Loan Forgiveness Requirements and Review Procedures as Amended by Economic Aid Act

On January 19, 2021, the U.S. Small Business Administration (SBA) published its 28th Interim Final Rule (Forgiveness IFR) covering the loan forgiveness requirements and review procedures for the Paycheck Protection Program, as…more

Applications, CARES Act, Coronavirus/COVID-19, Economic Aid Act, Interim Final Rules (IFR)

See all updates »

OSHA’s New National Emphasis Program Aimed at Preventing Warehouse Injury and Heat Hazards and Its Possible Implications on California

On July 13, 2023, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced the launch of a three-year National Emphasis Program meant to prevent workplace hazards in warehouses, processing…more

California, Distribution Centers, Employer Liability Issues, Health and Safety, Heat Exposure

See all updates »

California Supreme Court Finds That an Employer’s Third Party Agents May Be Held Directly Liable for Violations of California’s Fair Employment and Housing Act

On August 21, 2023, the California Supreme Court held in Raines v. U.S. Healthworks Medical Group that a business entity acting as an employer’s agent can be held directly liable under California’s Fair Employment and Housing…more

CA Supreme Court, California, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

E(U)xterritoriality of EU Sanctions: The No Russia Clause

The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick. As a general rule, EU regulations do not apply extraterritorially. This policy is a bit pointed, intended to stand in…more

Asset Freeze, Buyers, EU, European Commission, Exporters

See all updates »

BREAKING NEWS: Biden to Pardon Federal Marijuana Possession Convictions

In a historic move, on October 6, 2022, President Joe Biden announced a three-step program to bring broad changes to federal cannabis policy. As an initial step towards reform, President Biden will pardon all federal offenders…more

Biden Administration, Cannabis Products, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Deregulation

See all updates »

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed…more

Employees, Employer Liability Issues, Labor Reform, Labor Regulations, NLRA

See all updates »

[Event] Breakfast With Your Finance & Bankruptcy Lawyers: The Risks and Rewards of Financings in Europe - May 13, New York, NY

This breakfast session is jointly presented by Sheppard Mullin and Bird & Bird LLP, and will look at the key issues to consider when structuring financings involving European counterparties and examine whether there are real…more

Banking Sector, Banks, Commercial Bankruptcy, Continuing Legal Education, Corporate Taxes

See all updates »

Making Sense of the Solar Supply Chain Issues

As current supply chain issues continue to threaten the U.S. photovoltaic solar industry, solar module suppliers, manufacturers, renewable energy developers and utilities alike face great uncertainty surrounding the immediate…more

Energy Sector, Imports, Manufacturers, Photovoltaic, Section 201

See all updates »

Spotlight On Innovation: Improving best practices for infection control at skilled nursing facilities

Skilled nursing facilities (SNFs) operate in a changing and challenging environment. The upcoming implementation by the Centers for Medicare & Medicaid Services (CMS) of a Patient Driven Payment Model will shift the…more

Best Practices, Data Collection, Infections, Infectious Diseases, Information Technology

See all updates »

IVF Caught in the Crosshairs: The Aftermath of the LePage Decision

I. Alabama Legislation Following LePage - On March 7th, the Alabama Legislature passed SB159 (“SB159” or the “bill”), as a means of granting certain protections to IVF clinics and providers in the wake of the LePage v. Center…more

AL Supreme Court, Alabama, Dobbs v. Jackson Women’s Health Organization, Fertility Treatments, Health Care Providers

See all updates »

Second Circuit Reins in SEC Disgorgement Powers

In Securities & Exchange Commission v. Govil, No. 22-1658, 2023 WL 7137291 (2d Cir. Oct. 31, 2023), the United States Court of Appeals for the Second Circuit dealt a setback to the enforcement agenda of the Securities and…more

Corporate Counsel, Disgorgement, Enforcement, Investigations, Investors

See all updates »

What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications

Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of…more

Books & Records, Broker-Dealer, Electronic Communications, Employees, Enforcement Actions

See all updates »

The Federal Circuit Reconsiders the Inherent Distinctiveness of Color Marks in In re Forney

On April 8, 2020, in In re: Forney Industries, Inc., the Federal Circuit reversed the Trademark Trial and Appeal Board’s finding that a color mark can never be inherently distinctive. By so holding, the Federal Circuit…more

Inherently Distinctive, Trade Dress, Trademark Trial and Appeal Board, Trademarks

See all updates »

Not an April Fools Joke – FAR Part 40 Final Rule Has Been Published

On April 1, 2024, the FAR Council published a new Final Rule that establishes FAR Part 40 – but without any new provisions of substance. This Final Rule becomes effective on May 1, 2024. Subsequently, the FAR Council published a…more

Comment Period, Cybersecurity, Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Mergers & Acquisitions Insurance - The growing use of rep and warranty protection in M&A transactions

The good news is that you can insure almost anything! In M&A transactions, buyers and sellers spend a great deal of time allocating risk relating to known and unknown pre-closing liabilities. The buyer’s view of the…more

C-Suite Executives, Contract Drafting, Corporate Sales Transactions, Insurance Industry, Purchase Agreement

See all updates »

The Corporate Transparency Act and Foreign Entities: What You Need to Know and How We Can Help

On January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. For the first time, all US and foreign entities that are determined to qualify as “reporting companies” will be required to report to the U.S…more

Beneficial Owner, Business Ownership, Corporate Governance, Corporate Transparency Act, FinCEN

See all updates »

Insurance Team Year End Review

Throughout 2022, Sheppard Mullin’s insurance practice group demonstrated excellence in all stages of litigation, continuing to solidify its role as trusted counsel to the nation’s leading insurers, including Liberty Mutual,…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

See all updates »

What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers

In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the…more

California, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Governor Newsom

See all updates »

Commercial Division Practice Continues to Shift Towards Federal Standards with Four Proposed Rule Changes

The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise…more

Business Court Division, Discovery, Eligibility, Federal Rules of Civil Procedure, Proposed Amendments

See all updates »

Farm Lending Pitfalls For Urban Lawyers

OK, so you’re a sophisticated lending attorney in Metropolis who is comfortable with everything from aircraft financing to syndicated loans secured by casinos in Macau. Yet you feel a twinge of uncertainty when a business loan…more

Agricultural Sector, Lenders, Liens, Perishable Agricultural Commodities Act (PACA), Uniform Commercial Code (UCC)

See all updates »

NIE’s Now Good for 1 Year, More on Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. COVID Travel Bans

On July 6, 2021 the U.S. State Department publicly announced that the travel ban waivers related to the world-wide pandemic will now be good for 1 year and multiple entry. The effective date of this new decision is June 29,…more

Coronavirus/COVID-19, Extensions, Immigration Procedures, International Travel, National Interest Waiver

See all updates »

Sow What Now?: Cal. Hispanic Chambers of Commerce et. al. v. Ross et. al., The U.S. Supreme Court, and California’s Proposition 12

If you are in the business of buying or selling pork-based products, then you have probably heard of California’s Proposition 12. As it pertains to pork, the law requires that pig confinement systems are large enough to allow…more

Appeals, CA Supreme Court, California Department of Food and Agriculture (CDFA), CDPH, Enforcement

See all updates »

DMHC Guidance Confirms that California Law, Not the Federal No Surprises Act, Governs Payment and Dispute Resolution Processes for Certain Out-of-Network Services Provided in California

Executive Summary - The California Department of Managed Health Care (“DMHC”) issued a recent guidance interpreting the application of the No Surprises Act (“NSA”)—a new federal law prohibiting out-of-network healthcare…more

California, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Legislative Agendas, New Guidance

See all updates »

Commercial Division to Adopt New Rule Requiring Interlineation of Responsive Pleadings

Effective September 12, 2022, the New York Commercial Division Rules will require parties preparing responsive pleadings to “interlineate” the allegations which they are responding to within the responses themselves. Under new…more

CPLR, Cross-Claims, New Rules, New York

See all updates »

Bid Protest Hub – January 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. There were also two requests for costs, one of which was…more

Bid Protests, Bid Solicitation, Competitive Bidding, Federal Contractors, GAO

See all updates »

California Court of Appeal Limits the Permissibility of Time Rounding

Rounding is the practice of capturing time entries on a time clock and converting them to the closest five, ten, or fifteen minute equivalent. For example, both entries at 8:58 and 9:04 may be converted to 9:00 a.m. A recent…more

Appeals, California, Class Action, Employees, Employer Liability Issues

See all updates »

[Webinar] No Class, Just a Massive Headache: Mass Arbitrations - August 29th, 10:00 am - 11:00 am PT

Imagine arriving at the office to find 20 bankers' boxes full of 20,000+ individual arbitration demands. The claims appear identical and non-meritorious. But to even get a chance to make an argument, it will cost you nearly $60…more

Arbitration, Arbitration Fees, Arbitrators, Class Arbitration, Continuing Legal Education

See all updates »

COVID-19 — Legal Guide for Medical Groups

This COVID-19 – LEGAL GUIDE FOR MEDICAL GROUPS (“Guide”) provides a general discussion of legal issues confronting medical groups as a result of COVID-19, including employee protections, infection control, and reporting…more

Cal-OSHA, Coronavirus/COVID-19, Employee Monitoring, Employer Responsibilities, Employer Rights

See all updates »

Start Spreadin' the News: California Court Says No to New York, New York; Rejects Forum Selection Clause

Sinatra may have found success in the city that never sleeps, but a California court has just made it more difficult for any party doing business with a California resident to do the same. At least, when it comes to resolving…more

Appeals, Choice-of-Law, Dispute Resolution, Forum Selection, Jury Trial

See all updates »

What the FTC’s Noncompete Ban Means for Healthcare

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule banning employers from imposing post-employment noncompete requirements on their workers (the “Final Rule”). The FTC has indicated that it will…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

New Interim Final Rules Re: PPP Loan Forgiveness Requirements and Review Procedures as Amended by Economic Aid Act

On January 19, 2021, the U.S. Small Business Administration (SBA) published its 28th Interim Final Rule (Forgiveness IFR) covering the loan forgiveness requirements and review procedures for the Paycheck Protection Program, as…more

Applications, CARES Act, Coronavirus/COVID-19, Economic Aid Act, Interim Final Rules (IFR)

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

Workers’ Compensation Claims During the Pandemic and Mitigating the Risk

While essential workers continue to make their way into the office amid the pandemic, many other Californians have been ordered to shelter in place. At first blush, non-essential businesses may view this as leading to a decrease…more

California, Coronavirus/COVID-19, Executive Orders, Governor Newsom, Remote Working

See all updates »

The Rise of Straight-To-VOD and the Fate of Box Office Bonuses

As the COVID-19 pandemic has ravaged the movie theater business in 2020 and into 2021, all Hollywood studios have had to adjust their theatrical release strategies via straight-to-VOD exhibition or concurrent theatrical and…more

Coronavirus/COVID-19, Entertainment Industry, Film Industry, Movie Theaters, Movies

See all updates »

ARPA COBRA Subsidy Expiration Notice Due by September 15

The American Rescue Plan Act (“ARPA”) requires the full cost of COBRA premiums to be subsidized for COBRA continuation coverage during the period from April 1, 2021 through September 30, 2021 (“Subsidy Period”) of certain…more

American Rescue Plan Act of 2021, COBRA, Coronavirus/COVID-19, Deadlines, Department of Labor (DOL)

See all updates »

The Decision is in: Hospitals Will be Required to Disclose Rates in 2021

In a June 23, 2020 decision, Judge Nichol of the United States District Court for the District of Columbia ruled in favor of the Center for Medicare and Medicaid Services (“CMS”) and against the plaintiff hospital associations…more

American Hospital Association, Centers for Medicare & Medicaid Services (CMS), Healthcare, Hospitals, Medicaid

See all updates »

California Continues Trend of Pushing Housing Legislation to Address Ongoing Housing Shortage

According to the Public Policy Institute of California, a non-profit, non-partisan think tank, California is facing a jaw-dropping 3.5 million unit housing deficient for the current population. This despite several legislative…more

California, Governor Newsom, Housing Market, Legislative Agendas, New Legislation

See all updates »

Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024), the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art…more

Confidentiality Policies, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Trial and Appeal Board, Patents

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

NFTs and Intellectual Property: What IP Owners and NFT Creators Need to Know

Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of…more

Digital Media, Intellectual Property Protection, IP License, Non-Fungible Tokens (NFTs)

See all updates »

A Win for Consistency Evaluations Under CEQA Guidelines 15183: Court Rules that Public Controversy is not a Basis for Additional Environmental Review

In its recent decision in Hilltop Group Inc. v. County of San Diego, California’s Fourth District Court of Appeal issued a number of holdings that resulted in a strong ruling in support of streamlined environmental review for…more

Air Quality Standards, Appeals, California, CEQA, Environmental Impact Report (EIR)

See all updates »

Updated IRS Guidance Addressing COVID-19 Relief Employer Tax Credits

The IRS recently published guidance on the new refundable employment tax credits available under the Families First Coronavirus Response Act (the “FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (the “CARES…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), IRS, Tax Credits

See all updates »

USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program…more

Patent Prosecution Highway, Patent-Eligible Subject Matter, Patents, USPTO, USPTO Pilot Program

See all updates »

California Passes New Law Mandating Workplace Violence Prevention Plan for Employers

On September 30, 2023, Governor Gavin Newsom signed SB 553 into law, establishing a new written Workplace Violence Prevention Plan (“WVPP”) requirement for nearly all California employers. The WVPP requirement, which becomes…more

Cal-OSHA, California, Employees, Employer Liability Issues, Governor Newsom

See all updates »

“You Got To Know When To Protest” Part III: The Court Of Federal Claims Declines To Expand Blue & Gold Waiver Rule For Bid Protests “Any Further Than The Federal Circuit Already Has”

The implications of the Federal Circuit’s Blue & Gold waiver rule – pursuant to which a disappointed offeror waives any protest grounds it may have had to the terms of a solicitation that the offeror could have, but failed to,…more

Bid Protests, Bid Solicitation, CAFC, COFC, Federal Contractors

See all updates »

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title III…more

Americans with Disabilities Act (ADA), Corporate Counsel, Department of Justice (DOJ), Disability Discrimination, Employer Liability Issues

See all updates »

The Delaware Court of Chancery Puts Practitioners on Notice Regarding Voting Formalities Around Merger Agreements

In Ap-Fonden v. Activision Blizzard, Inc., C.A. No. 2022-1001-KSJM, 2024 WL 863290 (Del. Ch. Feb. 29, 2024), the Delaware Court of Chancery (McCormick, C.) declined to dismiss a claim alleging that the Board of Directors of…more

Acquisition Agreements, Acquisitions, Board of Directors, Business Litigation, Delaware General Corporation Law

See all updates »

Lesson Learned: Man Charged with Insider Trading After Misappropriating Information from Wife’s Work-From-Home Calls

As we previously reported in March 2020, the implementation of remote work policies heightens the risk of misappropriation of trade secrets in remote work environments and could require businesses to take additional steps to…more

Coronavirus/COVID-19, Insider Trading, Misappropriation, Remote Working, Securities and Exchange Commission (SEC)

See all updates »

Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying…more

Evidence, Nexus, Nonobvious, Patent Litigation, Patents

See all updates »

Federal Circuit Affirms Skinny Label Carve Outs

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023), the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid…more

Abbreviated New Drug Application (ANDA), Advertising, Patent Infringement, Patent Litigation, Patents

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical television…more

Brand, Copyright, Television Commercials, Television Programming, Trademarks

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

[Webinar] No Class, Just a Massive Headache: Mass Arbitrations - August 29th, 10:00 am - 11:00 am PT

Imagine arriving at the office to find 20 bankers' boxes full of 20,000+ individual arbitration demands. The claims appear identical and non-meritorious. But to even get a chance to make an argument, it will cost you nearly $60…more

Arbitration, Arbitration Fees, Arbitrators, Class Arbitration, Continuing Legal Education

See all updates »

Eye On Privacy: 2021 Year in Review

Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity developments…more

Artificial Intelligence, Auto-Dialed Calls, Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA)

See all updates »

China Proposes New Regulations for Online Gaming

In December 2023, China’s National Press and Publication Administration introduced draft regulations with potentially significant implications for the online gaming industry. The proposed regulations, aimed at curbing in-game…more

China, Draft Implementation Regulations, Free-to-Play Games, Gaming, Online Gaming

See all updates »

SEC Releases Pay Versus Performance Disclosure Requires For Public Companies

On August 25, 2022, the Securities and Exchange Commission adopted a pay versus performance rule in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act. The rule requires a registrant to disclose, in a…more

Corporate Counsel, Disclosure Requirements, Dodd-Frank, Executive Compensation, New Rules

See all updates »

New York State Catches up to New York City, Expanding Accommodations for Nursing Mothers in the Workplace

Since 2017, New York State’s Nursing Mothers in the Workplace Act has required New York State employers to provide daily paid or unpaid break time to express milk up to three years following the birth of a child, and to provide…more

Breastfeeding, Department of Labor (DOL), Employees, Employer Liability Issues, Employment Policies

See all updates »

A Big Deal: FTC and DOJ Issue Long-Awaited New Draft Merger Guidelines

On July 19, 2023, the Federal Trade Commission and Department of Justice jointly published long-anticipated proposed merger guidelines (the “Proposed Merger Guidelines”), which had been expected since President Biden issued an…more

Department of Justice (DOJ), Draft Guidance, Federal Trade Commission (FTC), Horizontal Merger Guidelines, Merger Controls

See all updates »

NLRB Allows Student Assistants to Unionize, Signals Commitment to Expanding Its Reach

Last month, the National Labor Relations Board (the “NLRB” or “the Board”) reversed standing precedent and held that student assistants at private universities, including both graduate and undergraduate teaching and research…more

Brown University, Collective Bargaining, Columbia University, Graduate Students, NLRA

See all updates »

The EU’s Initiatives to Redress the Effect of COVID-19 on the Entertainment Industry

Almost a year ago now, the pandemic outbreak disrupted the worldwide entertainment industry – and in particular, film and television production. Similar to the US, European audio-visual productions were halted, movie theaters…more

Coronavirus/COVID-19, Entertainment Industry, EU, Event Cancellation, Media

See all updates »

Protecting Your Business Against Ransomware Attacks: A Primer

In light of the recent and escalating spate of ransomware attacks in the United States and internationally, the Biden administration has made it a top priority to strengthen the nation’s resilience against cyberattacks. Although…more

Best Practices, Biden Administration, Business Plans, Cyber Attacks, Cybersecurity

See all updates »

Signing Contracts as a Representative May Lead to Individual Liability

Tharunidhar Narravula et al v. Perosphere Technologies, Inc. et al, Index No. 900410-21, Supreme Court, Albany County - In Narravula v. Perosphere Tech., 2021 NY Slip Op 50510(U) (Sup. Ct. Albany Cnty. 2021), Justice…more

Arbitration, Estoppel, Individual Accountability, Limited Liability Company (LLC), Share Purchase Agreements

See all updates »

FDA’s Office of Prescription Drug Promotion Issues Its First Untitled Letter of the Year to Novartis for Misleading Statement Relating to KISQALI®

On January 18, 2024, the Office of Prescription Drug Promotion (OPDP) of the U.S. Food and Drug Administration (FDA) issued its first untitled letter of the new year to Novartis Pharmaceuticals Corporation (Novartis) regarding a…more

Food and Drug Administration (FDA), Misleading Statements, OPDP, Over The Counter Drugs (OTC), Prescription Drugs

See all updates »

Texas Revolution: State Legislature Creates New Business Court System to Handle Significant Commercial Disputes

On May 25, 2023, the Texas Legislature enacted the biggest structural change to the Texas court system in recent memory. House Bill 19 (“HB 19”)—signed by Governor Greg Abbott in June—creates a new “Business Court” system for…more

Business Litigation, Commercial Litigation, Dispute Resolution, Governor Abbott, Litigation Strategies

See all updates »

California Court of Appeal Provides Guidance, and Creates a Split, on Critical PAGA Issues

On November 30, 2021, the Court of Appeal, First Appellate District, issued an important opinion in Moniz v. Adecco USA, Inc., __ Cal. App. 5th __ (2021), which will impact employers facing PAGA lawsuits. Moniz clarified…more

Appeals, Appellate Courts, California, Employer Liability Issues, Employment Litigation

See all updates »

Unfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years Prior

The Seventh Circuit recently affirmed summary judgment in favor of a former employee and his new employer on claims for misappropriation of trade secrets relating to a prototype of an actuator created eleven years prior, holding…more

Former Employee, Misappropriation, Patent Litigation, Patents, Summary Judgment

See all updates »

Key Insights for Obtaining FinTech Patents

Posted in Patents As with other rapidly-evolving technologies, the FinTech space is experiencing a frenzy of patent activity. As its name implies, FinTech is part financial innovation (“fin”) relating to new aspects of finance…more

FinTech, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Applications, Patent Litigation

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and theories…more

Auto Insurance, California, Class Action, Continuing Legal Education, Coronavirus/COVID-19

See all updates »

Sheppard Submits Comments to Main Street Loan Program

On Thursday April 16, Sheppard Mullin submitted comments to the Federal Reserve about its terms sheets for the $600 Billion Main Street Loan Program. These comments raise and explore numerous important questions that the Fed and…more

Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Relief Measures

See all updates »

Solving for Physician Burnout: Creating a Culture of Psychological Safety

Our clients report that addressing and preventing burnout for their physicians and other caregivers continues to be a critical priority in the aftermath of the pandemic. Healthcare organizations need high functioning, engaged…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform, Mental Health

See all updates »

Sheppard Mullin’s Top 10 Takeaways from HLTH 2023

At HLTH 2023, we saw a focus on certain themes, including the shift in investments and M&A activity, hospital and health system innovation and transformation, the implementation of AI, and healthcare management. Below are our…more

Acquisitions, Artificial Intelligence, Healthcare, Healthcare Reform, Innovative Technology

See all updates »

ALERT: FCC Seeks to Eliminate Digital Discrimination

On November 20, 2023, the Federal Communications Commission (“Commission”) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) adopting final rules to facilitate equal access to broadband and address…more

Broadband, Discrimination, FCC, Infrastructure Investment and Jobs Act (IIJA), Internet Service Providers (ISPs)

See all updates »

Corporate Internal Investigations: Best Practices

A CEO receives an anonymous call claiming that someone is stealing company trade secrets or that an employee is taking kickbacks from a vendor. A GC gets a call from the HR director who has an employee accusing the company of…more

Corporate Counsel, Human Resources Professionals, Internal Investigations

See all updates »

Not an April Fools Joke – FAR Part 40 Final Rule Has Been Published

On April 1, 2024, the FAR Council published a new Final Rule that establishes FAR Part 40 – but without any new provisions of substance. This Final Rule becomes effective on May 1, 2024. Subsequently, the FAR Council published a…more

Comment Period, Cybersecurity, Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules

See all updates »

The Tide Shifts in California Covid Premium Refund Cases

In the wake of the Covid-19 pandemic lockdown orders, policyholders were driving less and insurance company severities and loss ratios were reduced. This resulted in a temporary increase in insurance company profits. Beginning…more

California, Class Action, Coronavirus/COVID-19, Department of Insurance, Insurance Industry

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

Titleless Tales of the Headless

In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA)…more

Art, Art Collections, Criminal Investigations, Cultural Artifacts, Museums

See all updates »

MEDPAC Reviews Hospice; Proposes Quadrupling Cap Recoveries

On December 3, 2020, MEDPAC reviewed hospice data from 2019, noting these key metrics: • Medicare payments grew just under 10% to $20.9 billion; • Hospices served 1.6 million patients, including 51% of 2019 decedents (both…more

Health Care Providers, Home Health Care, Hospice, Medicare, MedPAC

See all updates »

FDIC Settles with Bank for Repeat RESPA Violations, Doubling Previous Fine

The FDIC recently announced a consent order with an Oregon regional bank for violations of Section 8 of RESPA, the FTC Act, and the FRCA, resulting in a civil monetary penalty totaling $425,000. After conducting its…more

Civil Monetary Penalty, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Institutions

See all updates »

Who is a Manager or Supervisor Excluded from California’s Healthcare Worker Retention Payment Program?

In a recent blog post, we described general registration and application considerations for employers seeking to enroll in California’s new Hospital and Skilled Nursing Facility COVID-19 Retention Payment Program (the “WRP”) on…more

California, Coronavirus/COVID-19, Employee Retention, Employees, Employer Liability Issues

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

Paid in Full: GSA Approves Advance Payment for SaaS Licenses

GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set periods…more

Advance-Payment Retainers, Federal Contractors, General Services Administration (GSA), Licenses, SaaS

See all updates »

Second Circuit Limits “Tippee” Insider Trading Liability

In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013 convictions of Anthony Chiasson and Todd Newman on charges of conspiracy to commit…more

Illegal Tipping, Insider Trading, Material Nonpublic Information, Personal Benefit, Securities

See all updates »

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation of…more

Abrogation, Judges, Jurisdiction, Patent Infringement, Patent Litigation

See all updates »

The Corporate Transparency Act and Foreign Entities: What You Need to Know and How We Can Help

On January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. For the first time, all US and foreign entities that are determined to qualify as “reporting companies” will be required to report to the U.S…more

Beneficial Owner, Business Ownership, Corporate Governance, Corporate Transparency Act, FinCEN

See all updates »

Warning! FDA Issues Warning Letters for Products Containing Delta-8 THC

On May 4, 2022, the Food and Drug Administration (FDA) issued warning letters to five companies it asserts are illegally marketing products labeled as containing delta-8 tetrahydrocannabinol (Delta-8 THC) in ways that violate…more

Cannabis Products, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Hemp

See all updates »

The EU Foreign Subsidies Regulation: New Rules for All Companies Active in the EU

On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958. The European Commission (the…more

Competition, Corporate Counsel, EU, FCC, Foreign Subsidiaries

See all updates »

Attorney Challenging First-Party Diminution of Value Claims Sanctioned by Ninth Circuit

For years, plaintiff’s attorney Montie S. Day has sued California auto insurers, arguing that the policy exclusion precluding coverage for first-party diminution of value damages claims is unenforceable. On November 30, 2023,…more

Appeals, Auto Insurance, First-Party Coverage, Insurance Fraud, Insurance Industry

See all updates »

Mother May I? Florida and Utah Recently Regulations for Minor Use of Social Media Platforms

Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight…more

First Amendment, Florida, Legislative Agendas, Minor Children, Minors

See all updates »

DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers

On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.  In addition, DHS recently announced enhanced remote verification…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, Employer Liability Issues

See all updates »

CFPB Announces Update in Continued War on Mortgage Servicing Junk Fees

On April 24, the CFPB released its latest edition of Supervisory Highlights detailing the agency’s actions taken to combat “junk fees” it alleges are charged by mortgage servicers. This spotlight on fees in mortgage servicing…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees

See all updates »

HHS & DOJ FY 2022 Enforcement Targeted Fraud in COVID-19, Telemedicine, Opioid and Prescription Drugs, and Substance Use Treatment Centers, Among Other Initiatives

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) recently released its “Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2022” (the “Report”), highlighting continued…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Fraud, Fraud and Abuse

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

CFPB Issues Factsheet On TRID Title Insurance Disclosures And Updates TRID FAQ

On June 9 the Consumer Financial Protection Bureau (CFPB) published a Factsheet on how to disclose title insurance on the Loan Estimate and Closing Disclosure, including when a negative owner’s title insurance cost disclosure is…more

Closing Costs, Consumer Financial Protection Bureau (CFPB), Loan Estimates, Mortgage Lenders, TILA-RESPA Integrated Disclosure Rule (TRID)

See all updates »

FDA Makes Good on Its Promise to Regulate Laboratory-Developed Tests

Yesterday, the Food & Drug Administration (“FDA” or “the Agency”) issued a highly anticipated – and highly controversial – final rule, which rolls out a four-year, five-stage plan that will phase out the Agency’s previous policy…more

Clinical Laboratories, Enforcement, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Laboratory Developed Tests

See all updates »

New York’s Long-Arm Jurisdiction Extends its Reach

The scope of New York’s long arm jurisdiction may be broader than you anticipate. In State of New York v. Vayu, 2023 N.Y. Slip Op. 801, 2023 WL 1973001 (February 14, 2023), the New York Court of Appeals, in a 5-1 decision,…more

Jurisdiction, Long Arm Statute, Personal Jurisdiction, Unmanned Aircraft Systems

See all updates »

China Semiconductor Export Regulations, Episode III – What a Difference a Year Makes

On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor…more

China, Commerce Control List, ECCNs, Entity List, Export Administration Regulations (EAR)

See all updates »

SheppardMullin Six: Groundbreaking BOEM Lease Sale in New York Bight Further Accelerates Offshore Wind Development in the Atlantic

On January 12, 2022, the Bureau of Ocean Energy Management (“BOEM”) issued its Final Sale Notice for the auction of six offshore wind lease areas in federal waters off the coasts of New York and New Jersey (the “NY Bight FSN”),…more

BOEM, Leases, Offshore Wind, Supply Chain

See all updates »

California Mandatory Solar Update: First Community Solar Program Approved by California Energy Commission

On February 20, 2020, the California Energy Commission approved its first community solar system under the 2019 Energy Code, which allows developers of new homes within Sacramento Municipal Utility District (“SMUD”) to meet…more

California Energy Commission, CC&Rs, Energy Sector, Housing Developers, Municipalities

See all updates »

The Close-Out Debrief

Investigations are stressful for an organization’s leadership. But what is often overlooked is that they are stressful for an organization’s employees as well. The need-to-know nature of internal investigations usually restricts…more

Board of Directors, Business Operations, Cooperation, Corporate Governance, Corporate Management

See all updates »

DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers

On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.  In addition, DHS recently announced enhanced remote verification…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, Employer Liability Issues

See all updates »

The PACE Solution to Increasing Demands for Long-Term Services and Supports in the U.S.

As individuals continue to live longer beyond retirement and the U.S. population size of those 65 years and older continues to increase, the demand for long-term services and supports (“LTSS”) is also expected to increase. LTSS…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, Long Term Care Facilities, Long-Term Care, Medicaid

See all updates »

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor…more

Attorney's Fees, Compensation, Damages, Enforcement, Fair Labor Standards Act (FLSA)

See all updates »

6 Key Considerations for Selling Carbon Pollution-Free Electricity to the Federal Government

In line with the goals set forth in the Federal Government’s Federal Sustainability Plan, the General Services Administration (“GSA”) recently issued a Request for Information (“RFI”) stating its intent to acquire approximately…more

Electricity, Energy Projects, Energy Sector, Federal Procurement Systems, General Services Administration (GSA)

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

States Sue the Biden Administration to Stop Loan Relief Plan

On April 9, 2024, seven states filed suit against the Biden administration in an attempt to block its new “SAVE” plan, an income-driven repayment plan that leads to eventual loan forgiveness. The case is pending in the U.S…more

Biden Administration, Higher Education Act, Loan Forgiveness, Loans, New Guidance

See all updates »

California Continues Trend of Pushing Housing Legislation to Address Ongoing Housing Shortage

According to the Public Policy Institute of California, a non-profit, non-partisan think tank, California is facing a jaw-dropping 3.5 million unit housing deficient for the current population. This despite several legislative…more

California, Governor Newsom, Housing Market, Legislative Agendas, New Legislation

See all updates »

An Evolving High-Wire Act: Navigating Conflicting Laws, Regulations, and Guidance in the ESG Space

The idea that investors might choose to consider certain environmental, social, and governance factors when deciding whether to buy shares of a company—a concept commonly known as ESG—continues to gain popularity with trillions…more

Best Practices, Business Plans, Business Strategies, Capital Investments, Corporate Governance

See all updates »

Between a Rock and a Hard Place: Vitamin C and the Future of U.S. Antitrust Enforcement Against Chinese Companies *

Over the last three decades, government antitrust enforcers and private plaintiffs in the United States have increasingly sought to apply U.S. antitrust laws to conduct by foreign businesses that is deemed to have effects on the…more

Antitrust Provisions, China, Competition Authorities, Criminal Prosecution, Cross-Border Transactions

See all updates »

New Decision Gives an Insured the Right to Videotape Examinations Under Oath

In a suspicious insurance claim, it is common for insurers to request that an insured answer questions about the claim at an examination under oath (“EUO”). But a new opinion from the California Court of appeal changes what an…more

California, Examinations Under Oath, Insurance Industry, Insurance Litigation

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

On July 17, 2023, the California Supreme Court decided an important state law issue raised by the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022). Viking River Cruises held…more

Arbitration Agreements, CA Supreme Court, Employer Liability Issues, Employment Litigation, Federal Arbitration Act

See all updates »

Federal Circuit Rules on when the Patent Trial and Appeal Board is Engaging in Erroneous Claim Construction

EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems,…more

Administrative Procedure Act, Appeals, Claim Construction, Final Written Decisions, Intellectual Property Litigation

See all updates »

Busted: Manhattan Prosecutors Seize an Ancient Roman Bust from the Worcester Art Museum

In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Believed to depict the daughter of the Roman emperor, Marcus Aurelius, it was titled “Portrait of a Lady (A Daughter of Marcus…more

Art, Cultural Artifacts, Investigations, Museums, Paintings Sculptures and Engravings

See all updates »

Hotels Provide Sanctuary on the Front Lines; Saving Grace in the Time of Crisis

The COVID-19 pandemic has emptied hotels. Occupancy rates have plummeted. Owners and operators are laying off staff and closing hotels. But in the midst of a crisis, need and opportunity meet. Cities across the country,…more

Commercial Contracts, Coronavirus/COVID-19, Emergency Management Plans, Fair Housing Act (FHA), Public Accommodation

See all updates »

Sharing Motion Picture Materials: Practical Considerations

There are a number of issues relating to distribution that arise in split rights deals for motion pictures. Whether it’s an acquisition, co-production or co-financing arrangement, one of the more important deal points is what…more

Counterparties, Distributors, Film Industry, Indemnification, Indemnity

See all updates »

Unleashing AB 2216: Will Fido Have a Leg Up on Landlords?

The California State Legislature is considering Assembly Bill (AB) 2216, a measure introduced by Assemblymember Matt Haney, that would force landlords to permit pets in residential rental properties. Specifically, the proposed…more

California, Landlords, Leases, Legislative Agendas, New Legislation

See all updates »

Illinois is the Latest State to Enact a Salary Transparency Law

Illinois is the latest in a growing trend among states and cities throughout the country to enact salary transparency laws. Illinois joins the ranks of California, Washington and Colorado, among others, requiring employers to…more

Employer Liability Issues, Employment Litigation, Hiring & Firing, Illinois, Labor Reform

See all updates »

Insurance Team Year End Review

Throughout 2022, Sheppard Mullin’s insurance practice group demonstrated excellence in all stages of litigation, continuing to solidify its role as trusted counsel to the nation’s leading insurers, including Liberty Mutual,…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

See all updates »

CDP Applicant May Not Challenge Local Agency’s CEQA Decision on Coastal Development Permit While CDP Appeal to Coastal Commission Is Pending

In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait for the California Coastal…more

Administrative Remedies, Appeals, Building Permits, CA Supreme Court, California Coastal Commission

See all updates »

Navigating Dual Purpose Communications After SCOTUS (Almost) Weighs in on Attorney-Client Privilege: 5 Practical Tips for Healthcare Attorneys

Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client…more

Attorney-Client Privilege, Dual Purpose, Healthcare, Legal Advice, Privileged Communication

See all updates »

CFPB Confirms November 30 Effective Date for Debt Collection Final Rules

The CFPB recently announced that its two final debt collection rules implementing the Fair Debt Collection Practices Act (FDCPA) will take effect as planned on November 30. The CFPB had previously proposed extending the final…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Debtors, Disclosure Requirements

See all updates »

The Developing “Avoided Costs” Remedy in Trade Secret Litigation

Should a defendant found liable for stealing trade secrets have to fork over all of the research and development costs it theoretically avoided by misappropriating the secrets? Yes, according to the “avoided costs” theory of…more

Defend Trade Secrets Act (DTSA), Misappropriation, Punitive Damages, Remedies, Trade Secrets

See all updates »

Fifth Circuit Expected To Issue Landmark Ruling Concerning Recognition of Foreign Bankruptcy Proceedings Contrary to US Public Policy

In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization…more

See all updates »

Sheppard Submits Comments to Main Street Loan Program

On Thursday April 16, Sheppard Mullin submitted comments to the Federal Reserve about its terms sheets for the $600 Billion Main Street Loan Program. These comments raise and explore numerous important questions that the Fed and…more

Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Relief Measures

See all updates »

OIG 2022 Advisory Opinions: Year in Review

The Office of Inspector General (“OIG”) within the U.S. Department of Health and Human Services (“HHS”) is responsible for detecting and preventing fraud, waste, and abuse in federal health care programs. The OIG has authority…more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions

See all updates »

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although…more

Acquisitions, Amgen v Sanofi, Antitrust Division, Artificial Intelligence, Biden Administration

See all updates »

California Supreme Court Holds Meal Period Premiums Are “Wages” and May Trigger Wage Statement and Waiting Time Penalties

On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., P.3d (2022), the California Supreme Court issued an important wage-and-hour decision.  In Naranjo, the Court held that meal break premiums that an employer pays to…more

CA Supreme Court, Class Action, Employer Liability Issues, Labor Code, Rest and Meal Break

See all updates »

Supreme Court Clarifies that Subjective (Not Objective) Knowledge of Falsity of Claim Dictates False Claims Act Liability

On June 1, 2023, the Supreme Court issued a unanimous decision holding that the scienter element of the False Claims Act (“FCA”) is met if a defendant subjectively knew his or her claims were false and submitted them anyway. See…more

Drug Pricing, False Claims Act (FCA), Fraud, Healthcare, Oral Argument

See all updates »

Impacts of Covid-19 on Closing M&A Transactions

The World Health Organization declared the outbreak of the novel coronavirus disease (COVID-19) a pandemic, prompting numerous public and private organizations and agencies to accelerate their contingency plans so as to mitigate…more

Acquisitions, Business Formation, Coronavirus/COVID-19, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

See all updates »

California Passes New Law Mandating Workplace Violence Prevention Plan for Employers

On September 30, 2023, Governor Gavin Newsom signed SB 553 into law, establishing a new written Workplace Violence Prevention Plan (“WVPP”) requirement for nearly all California employers. The WVPP requirement, which becomes…more

Cal-OSHA, California, Employees, Employer Liability Issues, Governor Newsom

See all updates »

DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”). We earlier reported on the DOL’s proposed rule to this effect, which is now…more

Department of Labor (DOL), DOMA, Employer Mandates, Family and Medical Leave Act (FMLA), Final Rules

See all updates »

San Diego City Council Approves Union-Friendly Citywide Project Labor Agreement Restricting Most City Construction Projects

On January 30, 2024, the San Diego City Council approved an ordinance implementing Mayor Todd Gloria’s proposal to establish an extensive project labor agreement (“PLA”), which is slated to impose various conditions and…more

Construction Project, DBE Program, Local Ordinance, New Legislation, New Rules

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Cal/OSHA Publishes Long-Awaited Guidance and Model Workplace Violence Prevention Plan

Starting July 1, 2024, California employers across all industries must have a written Workplace Violence Prevention Plan (“WVPP”) in place. As previously reported, the recently enacted SB 553 established this new requirement,…more

Cal-OSHA, California, Employer Liability Issues, New Guidance, Occupational Injury

See all updates »

Farm Lending Pitfalls For Urban Lawyers

OK, so you’re a sophisticated lending attorney in Metropolis who is comfortable with everything from aircraft financing to syndicated loans secured by casinos in Macau. Yet you feel a twinge of uncertainty when a business loan…more

Agricultural Sector, Lenders, Liens, Perishable Agricultural Commodities Act (PACA), Uniform Commercial Code (UCC)

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

Open COVID Pledge Seeks to Make IP Available for Use in Ending COVID-19

The Open COVID Coalition, comprising an international group of scientists and attorneys, has published the Open COVID Pledge, which calls upon organizations worldwide to make their patents and copyrights freely available to…more

Coronavirus/COVID-19, Intellectual Property Protection, Patents, Relief Measures, USPTO

See all updates »

Unleashing AB 2216: Will Fido Have a Leg Up on Landlords?

The California State Legislature is considering Assembly Bill (AB) 2216, a measure introduced by Assemblymember Matt Haney, that would force landlords to permit pets in residential rental properties. Specifically, the proposed…more

California, Landlords, Leases, Legislative Agendas, New Legislation

See all updates »

SEC Announces Charges Against Insiders for Reporting Failures and Adopts Amendments to Schedule 13D and 13G Report Filing Timelines

On September 27, 2023, the Securities and Exchange Commission (the “SEC”) announced charges against six officers, directors, and major shareholders of public companies (“insiders”) for failing to timely report and file…more

Corporate Governance, Disclosure Requirements, Enforcement Actions, Filing Deadlines, Proposed Amendments

See all updates »

Nasdaq, FINRA and NYSE Issue Warnings of Small-Cap IPO Fraud

On November 17, 2022, each of Nasdaq, FINRA and NYSE released Regulatory Alerts highlighting concerns surrounding fraudulent activities in Small-Cap IPOs. Each of these alerts raises similar issues, highlights the importance of…more

Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Fraud Alerts, Initial Public Offering (IPO), Investigations

See all updates »

CMS Announces Medicare Advantage and Part D Rates for CY 2025

On April 1st, the Centers for Medicare & Medicaid Services (“CMS”) announced its Medicare Advantage (“MA”) Capitation Rates and Part C and Part D Payment Policies for Calendar Year (“CY”) 2025. This announcement builds on the…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Inflation Reduction Act (IRA), Medicare, Medicare Advantage

See all updates »

Safe for Work? New Social Media Privacy Law Affecting New York Employers Goes into Effect on March 12

Beginning on March 12, 2024, a new social media privacy law for employees and job applicants goes into effect in New York. The new law will amend the New York Labor Law (the “NYLL”) to restrict most employers from accessing the…more

Employees, Employer Liability Issues, Labor Regulations, New Regulations, New York

See all updates »

New Court Ruling Pokes Holes in Contractual Limitation of Liability Language in Commercial Leases

Creating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease have agreed upon, however, that…more

Asbestos, California, Civil Code, Commercial Leases, Commercial Litigation

See all updates »

Highlights of Revised Regulations for Implementing Patent Law of China

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the…more

Amended Regulation, China, CNIPA, Design Patent, Intellectual Property Protection

See all updates »

AI Legal Updates

The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI lawsuits…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, EU

See all updates »

Department of Justice Withdraws Key Healthcare Antitrust Policy Statements

On Friday, February 3, the Department of Justice, Antitrust Division (the “DOJ”) announced its withdrawal of three policy statements on health care antitrust enforcement: (1) The Department of Justice and Federal Trade…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

Hospitality Alert: Quick Facts on the Corporate Transparency Act

Whether you are a hotel owner, operator, or developer, or anyone who has an interest in an LLC, corporation, or limited partnership, you should be aware of your new compliance obligations under the Corporate Transparency Act…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Enforcement, FinCEN

See all updates »

New Bills Advance California’s Offshore Wind Strategy

With the recent Gulf Auction falling short of expectations and projects on the East Coast faltering, many have adopted a bearish stance on the U.S. offshore wind sector. However, California recently passed two new bills to…more

California, Clean Energy, Energy Projects, Energy Sector, Offshore Wind

See all updates »

[Webinar] Careful What You Say: The Latest in False Advertising Litigation - July 25th, 10:00 am - 11:00 am PT

This presentation will cover the newest trends in false advertising cases, including product-labeling claims, ESG claims, statutory damage threats and more…more

Advertising, Continuing Legal Education, Environmental Social & Governance (ESG), False Advertising, Product Labels

See all updates »

Enactment of Los Angeles and San Diego Minimum Wage and Paid Sick Leave Ordinances Requires Employers to Reassess Their Policies

The cities of Los Angeles and San Diego recently approved minimum wage and sick leave ordinances that will apply to all employees who work within those cities’ geographical limits. Employers with employees who work in these…more

Employer Liability Issues, Local Ordinance, Minimum Wage, Sick Leave, Wage and Hour

See all updates »

[Webinar] Arbitration and Class Action Waivers: A Vision of a Classless Society - October 3rd, 10:00 am PT

This presentation will review best practices for ensuring agreement to arbitration clauses, drafting arbitration clauses, the plaintiff bar's ongoing efforts to invalidate the clauses and how best to craft a clause that is…more

Arbitration, Arbitration Agreements, Best Practices, Class Action Arbitration Waivers, Continuing Legal Education

See all updates »

The Sheppard Mullin Six - Social Loan Principles

Investors are increasingly focused on Environmental, Social, and Governance (ESG), and more companies are reporting on these statistics. Reporting on ESG metrics is challenging because there is a lack of consistency in the…more

Capital Markets, Energy Projects, Energy Sector, Environmental Social & Governance (ESG), Green Loans

See all updates »

Responsible AI – Everyone is Talking About it But What Is It?

The development of AI continues to advance at a blistering pace, increasing the need for companies to employ AI governance and adopt policies for the responsible development and deployment of AI. While the term “responsible AI”…more

Artificial Intelligence, Disclosure Requirements, Legislative Agendas, NIST, Policies and Procedures

See all updates »

Federal Circuit Weighs in on Temporal Rigidity of the Bayh-Dole Act’s Licensing Provisions

In University of South Florida Board of Trustees v. United States, the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered…more

Bayh-Dole Act, Federal Funding, Inventions, IP License, Patent Infringement

See all updates »

The EU Commission Gets Serious About Foreign Direct Investment Screening

As part of its European Economic Security Package, the European Commission (‘Commission’) has recently proposed a number of legislative proposals and White Papers intended to better protect Europe’s strategic interests..…more

Acquisitions, CFIUS, Corporate Counsel, EU, EU Screening Regulation

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

Summary of Actions Taken by US Government on Sunday, March 12 in Response to SVB Failure and Related Fallout

Following FDIC’s actions on Friday to place Silicon Valley Bank (“SVB”) in receivership, the Department of the Treasury, the FDIC, and the Federal Reserve announced several measures on Sunday, March 12, 2023 aimed at avoiding…more

Banking Sector, Banks, Depository Institutions, FDIC, Federal Reserve

See all updates »

Tax Reform: Nonprofits and their Executives Brace for Impact

The Senate voted yesterday to begin formal negotiations with the House of Representatives to reconcile their two versions of the Tax Cuts and Jobs Act, a bill that seeks to make sweeping changes to federal tax law. Republicans…more

Business Taxes, Charitable Donations, Colleges, Corporate Taxes, Executive Compensation

See all updates »

California Court of Appeal Decision May Result in Big Tax Savings for Some Commercial Property Owners

In a decision that could save some commercial property owners hundreds of thousands of dollars in taxes, the Court of Appeal for the First Appellate District of California held in 731 Market Street Owner, LLC v. City and County…more

Appeals, Commercial Property Owners, CVS, IRS, Landlords

See all updates »

Sheppard Mullin’s Top 10 Takeaways from HLTH 2023

At HLTH 2023, we saw a focus on certain themes, including the shift in investments and M&A activity, hospital and health system innovation and transformation, the implementation of AI, and healthcare management. Below are our…more

Acquisitions, Artificial Intelligence, Healthcare, Healthcare Reform, Innovative Technology

See all updates »

Texas Central Wins Authority to Take Land for High-Speed Rail System

Move over luxury bus lines and quick flights. Central Texans should be on the lookout for bulldozers and train stops. On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure, Inc. and…more

Construction Industry, Infrastructure, Railroads, Railways, Texas

See all updates »

What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications

Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of…more

Books & Records, Broker-Dealer, Electronic Communications, Employees, Enforcement Actions

See all updates »

Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction

In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was…more

Claim Construction, Estoppel, Noninfringement, Patent Invalidity, Patent Litigation

See all updates »

Congress Extends Renewable Energy Tax Credits in 2021 Omnibus Spending Bill

As Congress was completing final negotiations of the stimulus package dealing with the public health and economic impacts of the coronavirus pandemic, several key energy provisions made their way into the 5593-page omnibus…more

Carbon Capture and Sequestration, Coronavirus/COVID-19, Energy Storage, Energy Tax Incentives, Financial Stimulus

See all updates »

Corporate Transparency Act: Reporting Requirements; Preparing Your Company and Other Related Considerations

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act for Fiscal Year 2021. The CTA aims to enhance transparency of beneficial ownership information for certain types of business…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Governance, Corporate Transparency Act

See all updates »

What Employers Need to Know in a Post-Dobbs Landscape

On June 24, 2022, in Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overturned both Roe v. Wade and Planned Parenthood v. Casey and held the access to abortion is not a right protected by the…more

Americans with Disabilities Act (ADA), Department of Labor (DOL), Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Handbooks

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

Distressed Acquisitions – Key Considerations

The current COVID-19 pandemic is causing an unprecedented negative impact on businesses around the globe in nearly every sector of the economy. Both the US Government as well as Foreign Governments have and will continue to…more

Acquisitions, Coronavirus/COVID-19, Mergers

See all updates »

ICSID 2018 Caseload Reflects Continued Uptick of Investor-State Arbitrations

The International Centre for Settlement of Investment Disputes (ICSID) has released its 2018 caseload statistics. In 2018 ICSID registered a record 56 new cases, as compared to 53 cases registered in 2017. Since the first case…more

Bilateral Investment Treaties, Caseloads, Energy Charter Treaty, Foreign Investment, ICSID

See all updates »

The SEC’s Sudden Impact on NFTs!

On August 28, 2023, the Securities and Exchange Commission (“SEC”) instituted cease-and-desist proceedings under Section 8A of the Securities Act against Impact Theory, a Los Angeles media and entertainment company, alleging…more

Cryptocurrency, Enforcement Actions, Howey, Non-Fungible Tokens (NFTs), Registration Requirement

See all updates »

The Biden-Harris Administration Releases National Spectrum Strategy

On November 13, 2023, the Biden-Harris Administration issued a National Spectrum Strategy (the Strategy) and Presidential Memorandum on the modernization of U.S. spectrum policy. The Strategy, developed by the National…more

Biden Administration, Comment Period, Emerging Technologies, FCC, Presidential Memorandum

See all updates »

A Win for Consistency Evaluations Under CEQA Guidelines 15183: Court Rules that Public Controversy is not a Basis for Additional Environmental Review

In its recent decision in Hilltop Group Inc. v. County of San Diego, California’s Fourth District Court of Appeal issued a number of holdings that resulted in a strong ruling in support of streamlined environmental review for…more

Air Quality Standards, Appeals, California, CEQA, Environmental Impact Report (EIR)

See all updates »

California’s AB 3129: A New Hurdle for Private Equity Health Care Transactions on the Horizon?

Parties involved in or considering health care transactions in California have been focused on navigating the new rules set by California’s Office of Health Care Affordability (OHCA), and newly proposed legislation could present…more

Antitrust Division, California, Healthcare Reform, Hedge Funds, Legislative Agendas

See all updates »

New Employment Laws to Look Out for in 2021

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws discussed…more

Acute Facilities, Arbitration, Attorney's Fees, California Family Rights Act (CFRA), Centers for Disease Control and Prevention (CDC)

See all updates »

Solving for Physician Burnout: Creating a Culture of Psychological Safety

Our clients report that addressing and preventing burnout for their physicians and other caregivers continues to be a critical priority in the aftermath of the pandemic. Healthcare organizations need high functioning, engaged…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform, Mental Health

See all updates »

New York Makes Wage Theft a Criminal Larceny in New Amendment to Its Penal Law

On September 6, 2023, New York Governor Kathy Hochul signed legislation amending the New York Penal Law making wage theft a criminal larceny. Under the penal code, “[a] person steals property and commits larceny when, with…more

Employees, Employer Liability Issues, Larceny, New Legislation, New York

See all updates »

California’s DBO Updates its COVID-19 Guidance for Financial Institutions

On March 16, 2020, California Governor Gavin Newsom released an Executive Order (N-28-20) aimed at protecting renters and homeowners from losing their homes or suffering further financial hardship as a result of the COVID-19…more

Coronavirus/COVID-19, Department of Business Oversight, Eviction, Executive Orders, Financial Institutions

See all updates »

Federal Circuit Affirms Skinny Label Carve Outs

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023), the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid…more

Abbreviated New Drug Application (ANDA), Advertising, Patent Infringement, Patent Litigation, Patents

See all updates »

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ]…more

First Amendment, Injunctions, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion

See all updates »

California Continues Trend of Pushing Housing Legislation to Address Ongoing Housing Shortage

According to the Public Policy Institute of California, a non-profit, non-partisan think tank, California is facing a jaw-dropping 3.5 million unit housing deficient for the current population. This despite several legislative…more

California, Governor Newsom, Housing Market, Legislative Agendas, New Legislation

See all updates »

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory bargaining…more

Collective Bargaining, Corporate Counsel, Employer Liability Issues, Employment Litigation, Labor Reform

See all updates »

Maryland Legislature Fixes Problems Left Over From 2012 IDOT Legislation

Prior to 2012, the Indemnity Deed of Trust ("IDOT") had long been the preferred structure for borrowers in Maryland looking to finance their property because it would allow deferment of recordation taxes that would otherwise be…more

IDOT, Indemnification

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

California’s AB 3129: A New Hurdle for Private Equity Health Care Transactions on the Horizon?

Parties involved in or considering health care transactions in California have been focused on navigating the new rules set by California’s Office of Health Care Affordability (OHCA), and newly proposed legislation could present…more

Antitrust Division, California, Healthcare Reform, Hedge Funds, Legislative Agendas

See all updates »

Maryland Paid Family Leave Employer Contributions Begin This Year – What Employers Need to Know and Expect

In 2022, the Maryland General Assembly passed the Time to Care Act of 2022 (the “Act”), setting up a paid family and medical leave program for Maryland employees. Through Family and Medical Leave Insurance (“FAMLI”), eligible…more

Covered Employees, Covered Employer, Employer Liability Issues, General Assembly, Leave of Absence

See all updates »

[Webinar] Careful What You Say: The Latest in False Advertising Litigation - July 25th, 10:00 am - 11:00 am PT

This presentation will cover the newest trends in false advertising cases, including product-labeling claims, ESG claims, statutory damage threats and more…more

Advertising, Continuing Legal Education, Environmental Social & Governance (ESG), False Advertising, Product Labels

See all updates »

California Enacts New Legislation to Combat Growing Housing Crisis, But Not Without Controversy

On September 16th, hot off the heels of surviving California’s latest recall effort, Governor Gavin Newsom signed legislation aimed at addressing the statewide housing crisis – a critical topic leading up to last week’s…more

California, CEQA, Entitlements, Governor Newsom, Legislative Agendas

See all updates »

Groundbreaking Cross-border Airport Terminal Linking Tijuana to San Diego Breaks Ground

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…more

Airlines, Airports, Cross-Border, Economic Development

See all updates »

Multifamily Building Owners: Are you Prepared to Meet Balcony Inspection Requirements by the January 1, 2025 Deadline?

In response to the tragic balcony collapse that killed seven students in Berkeley in 2015, Governor Jerry Brown approved Senate Bill No. 721 on September 17, 2018. The bill, commonly referred to as the “Balcony Inspection Law”,…more

Building Inspectors, California, Housing Developers, Multi-Family Development, Multi-Family Housing

See all updates »

Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions

In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed. Cir. Aug. 16, 2023), the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the…more

Inter Partes Review (IPR) Proceeding, Life Sciences, Obviousness, Patent Litigation, Patent Trial and Appeal Board

See all updates »

California’s AB 3129: A New Hurdle for Private Equity Health Care Transactions on the Horizon?

Parties involved in or considering health care transactions in California have been focused on navigating the new rules set by California’s Office of Health Care Affordability (OHCA), and newly proposed legislation could present…more

Antitrust Division, California, Healthcare Reform, Hedge Funds, Legislative Agendas

See all updates »

Employers Can Now Stand Firmly On Not Paying Employees For The Cost Of Slip-Resistant Shoes

On June 4, 2019, the Court of Appeal, Third Appellate District issued an unpublished opinion in Krista Townley v. BJ’s Restaurants, Inc. holding that BJ’s Restaurants was not required to reimburse its employees for the cost of…more

Business Expenses, Class Action, DLSE, Dress Codes, Employment Litigation

See all updates »

Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds

On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”) due…more

Appeals, CA Supreme Court, California, Class Action, Corporate Counsel

See all updates »

New California Bill Seeks to Eliminate Certain Food Additives

Candy and sports drink aisles in California grocery stores could look very different if AB418 is passed into law. The California Assembly has proposed amending the state’s Health and Safety Code to prevent the manufacture, sale,…more

California, Food and Drug Administration (FDA), Food Manufacturers

See all updates »

Treasury Issues New Proposed Guidance on Domestic Content Requirements of the Inflation Reduction Act – Updated Qualification Analysis and (Still) Lingering Questions

A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the…more

Buy America, Country of Origin, Energy Projects, Federal Transit Administration, Inflation Reduction Act (IRA)

See all updates »

OFAC Sanctions Crypto Mixer Following Allegations of Laundering Funds to North Korea

The U.S. authorities are increasingly taking actions against big-name crypto mixers for potential violations of sanctions regulations. On November 29, 2023, the U.S. Department of Treasury’s Office of Foreign Assets Control…more

Cryptocurrency, Financial Institutions, FinCEN, Money Laundering, New Rules

See all updates »

Think Twice Before Closing the Shop Doors

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal…more

Administrative Law Judge (ALJ), Business Closures, Employer Liability Issues, Labor Law Violations, NLRA

See all updates »

Hospital Mergers: The Value and Pitfalls

Hospital mergers have been an increasing trend in the healthcare markets over the past decade, with many proponents of these mergers believing that the overall consolidation of hospital services provides better outcomes for…more

Federal Trade Commission (FTC), Healthcare, Healthcare Facilities, Hospital Mergers, Hospitals

See all updates »

New California Statutes Potentially Increase Owners’ and Developers’ Exposure Under the Prevailing Wage Law

California has enacted several statutes, effective January 1, 2014, which will likely increase the exposure of contractors and subcontractors, and the developers and owners for whom they work, to claims for prevailing wage…more

Construction Contracts, Contractors, Employer Liability Issues, Prevailing Wages, Subcontractors

See all updates »

EEOC Issues Long-Awaited Guidance on Harassment in the Modern Workplace

On September 29, 2023, the U.S. Equal Employment Opportunity Commission issued long-awaited enforcement guidance on workplace harassment. The “Proposed Enforcement Guidance on Harassment in the Workplace,” published in the…more

Abortion, Anti-Harassment Policies, Bostock v Clayton County Georgia, Coronavirus/COVID-19, Employees

See all updates »

PTAB’s Decision of a Singular-Only Construction of the Term “The Sample Stream” Reversed

In ABS Global, Inc., Genus plc v. Cytonome/ST, LLC, the case addresses a claim construction issue regarding whether a claim term is plural-allowing. Background - ABS Global Inc. and Genus plc (collectively, ABS)…more

Claim Construction, Patent Litigation, Patents, USPTO

See all updates »

The Push for Pay Transparency: New Laws in 2023

In 2021 and 2022, we saw a wave of pay transparency laws aimed at improving pay equity. It first started with Colorado in 2021, then New York City in late 2022. Recently, states such as California, New York, Washington, and…more

Disclosure Requirements, Employees, Employer Liability Issues, Job Applicants, Labor Reform

See all updates »

Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance Ushers in Some of the Nation’s Most Generous Employee Leave Entitlements

Chicago’s recent enactment of its Paid Leave and Paid Sick and Safe Leave Ordinance (“Ordinance”) marks some of the country’s most progressive paid time off legislation and also imposes robust requirements upon Chicago…more

Employee Benefits, Employer Liability Issues, Employment Policies, Illinois, Labor Reform

See all updates »

DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers

On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.  In addition, DHS recently announced enhanced remote verification…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Department of Labor (DOL), E-Verify, Employer Liability Issues

See all updates »

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of Dynamex

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery…more

ABC Test, Appeals, California, Class Action, Employment Litigation

See all updates »

The Corporate Transparency Act and Foreign Entities: What You Need to Know and How We Can Help

On January 1, 2024, the Corporate Transparency Act (the “CTA”) became effective. For the first time, all US and foreign entities that are determined to qualify as “reporting companies” will be required to report to the U.S…more

Beneficial Owner, Business Ownership, Corporate Governance, Corporate Transparency Act, FinCEN

See all updates »

Whistleblower Retaliation Lawsuits Are About to Become More Expensive in California

On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1947 into law. Effective January 1, 2021, AB 1947 will, among other things, authorize courts to award attorneys’ fees to whistleblowers who…more

Attorney's Fees, Governor Newsom, Labor Code, Remedies, Retaliation

See all updates »

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed…more

Employees, Employer Liability Issues, Labor Reform, Labor Regulations, NLRA

See all updates »

CJEU Decision Will Have Impact on Potential Fine Setting Under GDPR

The Court of Justice of the European Union (CJEU) clarified in two judgments in the last month of 2023 (Deutsche Wohnen, ECLI:EU:C:2023:950 [DW] and Nacionalinis visuomenės sveikatos centras, ECLI:EU:C:2023:949 [NVSC]) the…more

Court of Justice of the European Union (CJEU), EU, Fines, General Data Protection Regulation (GDPR), Privacy Laws

See all updates »

2020, 2021 and the EC/VC Industry – Review of the Past Year and Predictions for the Current One

In the beginning of February 2020, COVID-19 seemed to have little to no impact on venture capital investing in the United States. Fast forward a few weeks later: concerns quickly spread over the entire industry about the…more

Acquisitions, Coronavirus/COVID-19, Early Stage Companies, Entrepreneurs, Mergers

See all updates »

FDA Proposes Updated Rule for “Healthy” Foods

FDA issued a proposed rule on September 28, 2022 to update the definition of “healthy” by specifying new criteria by which the term can be used in food labeling. Previously, FDA explained that “healthy” is an implied nutrient…more

Comment Period, Dietary Supplements, Food and Drug Administration (FDA), Food Labeling, Proposed Rules

See all updates »

Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law

In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave... SB 95 creates California Labor Code Sections 248.2 and…more

California, Coronavirus/COVID-19, Covered Employees, Covered Employer, Employer Liability Issues

See all updates »

California Governor Signs into Law Cannabis Tax Relief Bill

Help for California’s fledgling cannabis industry finally appears to be on the way. For years, the industry has shouldered heavy taxes – a 15% state-wide excise tax, sales and use taxes up to 10.75%, and local business licenses…more

California, Cannabis Products, Cannabis-Related Businesses (CRBs), Governor Newsom, Marijuana

See all updates »

New U.S. DOL Emergency Temporary Standard for Healthcare Workers

On June 21, 2021, the United States Department of Labor’s Occupational Safety and Health Administration’s (“OSHA”) new COVID-19 Healthcare Emergency Temporary Standard (“ETS”) went into effect. The ETS includes numerous…more

Coronavirus/COVID-19, Department of Labor (DOL), Healthcare, New Guidance, OSHA

See all updates »

Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses

The United States is broadening the scope and diversity of its energy mix at a rate and to an extent not seen in a century, if ever. The changes underway provide both important opportunities and critical challenges for owners…more

Electricity, Energy Sector, FERC, Fossil Fuel, State and Local Government

See all updates »

Updated IRS Guidance Addressing COVID-19 Relief Employer Tax Credits

The IRS recently published guidance on the new refundable employment tax credits available under the Families First Coronavirus Response Act (the “FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (the “CARES…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), IRS, Tax Credits

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Status of California Rent Control Reform

It seems like year-after-year, attempts are made to reform or repeal California’s rent control regulations, namely the Costa-Hawkins Rental Housing Act (Civ. Code §§ 1954.50 et seq.) (Costa-Hawkins Act). 2024 has proven to be no…more

CA Supreme Court, California, Housing Market, Landlords, Leases

See all updates »

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and theories…more

Auto Insurance, California, Class Action, Continuing Legal Education, Coronavirus/COVID-19

See all updates »

DOJ Pilot Program for Whistleblower Rewards: The Latest Unveiling from the ABA’s National Institute on White Collar Crime

While most legal conferences may not be newsworthy, the American Bar Association’s National Institute on White Collar Crime is an exception. Indeed, the federal government’s chief law enforcers seem to treat this particular…more

American Bar Association (ABA), Bribery, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ)

See all updates »

New Notice and Public Disclosure Requirements for Material Health Care Transactions in New York

The growth of private equity and other financial sponsor investments in the health care industry has led many states across the country to adopt expansive oversight authority over health care transactions. With the enactment of…more

ACOs, Department of Health and Human Services (HHS), Disclosure Requirements, Healthcare, Independent Practice Association

See all updates »

Trade Secret vs. Patent – a False Dichotomy

Trade secrets and patents offer very different forms of protection, with different pros and cons. A trade secret may last indefinitely, while a patent has a fixed term of 20 years. Independent reinvention is permissible under…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Patent Litigation, Patents, Trade Secrets

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

SCOTUS Declines to Review New York City’s Rent Stabilization Law

New York City’s rent-related laws have once again survived judicial scrutiny, and evaded Supreme Court review. In 74 Pinehurst LLC v. New York, a group of New York City landlords (“Petitioners”) filed suit in the District Court…more

Housing Market, Landlords, Legislative Agendas, New York, Rent

See all updates »

Federal Circuit Weighs in on Temporal Rigidity of the Bayh-Dole Act’s Licensing Provisions

In University of South Florida Board of Trustees v. United States, the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered…more

Bayh-Dole Act, Federal Funding, Inventions, IP License, Patent Infringement

See all updates »

Negative Option Practices Under Increased Scrutiny in the US

Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to…more

Automatic Renewals, Compliance, Corporate Counsel, Disclosure Requirements, Federal Trade Commission (FTC)

See all updates »

The Sheppard Mullin Six US Renewable Energy M&A Transactions

Here are six key items to be aware of today in US Renewable Energy M&A Transactions: 1. As the demand for renewable energy increases, so does M&A activity in the industry. The M&A renewable energy market remains very active…more

Acquisitions, Clean Energy, Construction Project, Energy Projects, Energy Sector

See all updates »

Supreme Court Holds “Pure Omissions” Are Not Actionable Under Rule 10b-5(b)

In Macquarie Infrastructure Corp. v. Moab Partners, No. 22-1165, 2024 WL 1588706 (U.S. Apr. 12, 2024) (“MIC”), the United States Supreme Court (Sotomayor, J.) held unanimously that “pure omissions” in a Securities and Exchange…more

Disclosure Requirements, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Publicly-Traded Companies

See all updates »

AI Legal Updates

The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI lawsuits…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, EU

See all updates »

California Property Tax Changes to Parent-Child Exclusion

Recently passed Proposition 19 will seriously limit the ability to transfer California real property to a child without causing a reassessment and higher property taxes. The new law takes effect February 16, 2021, so if you want…more

Exclusions, Popular, Property Tax, Real Estate Transfers, State and Local Government

See all updates »

California Employers Must Provide Additional Paid Sick Leave in 2024

On October 4, 2023, California Governor Gavin Newsom signed SB 616 into law, which amends the Healthy Workplaces, Healthy Families Act of 2014 by increasing the number of paid sick days (or hours) employees are entitled to each…more

California, Collective Bargaining Agreements (CBA), Employer Responsibilities, Paid Leave, Paid Sick Leave

See all updates »

Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here. To recap, PPH is a set of initiatives promulgated by…more

Australia, Canada, China, Eligibility, Japan

See all updates »

Time to Prepare for the New Year: Illinois’ Pre-Tax Commuter Benefits Law Goes into Effect in 2024

Beginning on January 1, 2024, pursuant to House Bill 2068, Illinois employers located across thirty-eight (38) counties and townships will be required to provide employees with a “pre-tax commuter benefit.” This is one of a…more

Commuter Tax Benefits, Employee Benefits, Employer Liability Issues, Illinois, Labor Regulations

See all updates »

Lizama et al. v. H&M: A Lesson in Artful Crafting of Green Claims

Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s…more

Advertising, Class Action, Corporate Counsel, Dismissals, False Advertising

See all updates »

Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses

The United States is broadening the scope and diversity of its energy mix at a rate and to an extent not seen in a century, if ever. The changes underway provide both important opportunities and critical challenges for owners…more

Electricity, Energy Sector, FERC, Fossil Fuel, State and Local Government

See all updates »

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be…more

Adverse Employment Action, Anti-Retaliation Provisions, Burden of Proof, Employees, Employer Liability Issues

See all updates »

New Law Aimed At Assisting Low Income Renters Invokes Additional Restraints on California Landlords

As part of his last legislative act of 2019, Governor Newsom signed 18 housing-related bills into law in an attempt to alleviate California’s housing crisis. This package included Senate Bill (“SB”) 329, which prohibits…more

FEHA, Governor Newsom, HUD, Landlords, Local Ordinance

See all updates »

2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we introduced…more

Abstract Ideas, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Life Sciences

See all updates »

New California Law Prohibits Automatic Stay of Trial Court Action When Appealing Denial of a Motion to Compel Arbitration

On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel…more

Appeals, Arbitration, Automatic Stay, Cal Code of Civil Procedure, California

See all updates »

Healthcare Systems Offer Shared Medical Visits to Address Physician Shortages and Chronic Illnesses

With the advent of an increasing aging population, physicians and other healthcare providers are seeking alternative approaches in offering patients access to quality health care. Among the innovations in healthcare delivery is…more

Health Care Providers, Innovation, Physicians, Quality of Care Standards

See all updates »

Judicial Council Amends Tolling Period for Statutes Limitations Impacted by COVID-19

On April 6, 2020, the California State Judicial Council adopted Emergency Rule 9 in response to the COVID-19 pandemic. As originally approved, the rule tolled the statute of limitations for all civil causes of action from April…more

CEQA, Coronavirus/COVID-19, Emergency Rule, Judicial Proceedings, Real Estate Market

See all updates »

The Shape of Healthcare: Blockbuster Mergers, Retail Healthcare, and Marcus Welby, M.D

It has been widely reported that healthcare mergers and acquisitions are off to a strong start this year after ending a record-breaking year in 2017. In fact, the healthcare press this year has been replete with articles…more

Acquisitions, Aetna, CVS, Health Care Providers, Health Clinics

See all updates »

FDA’s Office of Prescription Drug Promotion Issues Its First Untitled Letter of the Year to Novartis for Misleading Statement Relating to KISQALI®

On January 18, 2024, the Office of Prescription Drug Promotion (OPDP) of the U.S. Food and Drug Administration (FDA) issued its first untitled letter of the new year to Novartis Pharmaceuticals Corporation (Novartis) regarding a…more

Food and Drug Administration (FDA), Misleading Statements, OPDP, Over The Counter Drugs (OTC), Prescription Drugs

See all updates »

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use under…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Appeals, Artificial Intelligence, Artists, Copyright

See all updates »

NY’s Gendered Pricing Law: Will It Curb the Pink Tax

Women often pay more than men for similar goods and services. A shampoo for men may be nearly identical in chemical makeup to a shampoo for women, but the woman will pay more. This phenomenon is referred to as the “pink tax” –…more

Gender Discrimination, Governor Cuomo, IRS, Pricing, Sex Discrimination

See all updates »

City of Los Angeles Orders Certain Employers to Protect Workers or Risk Imprisonment

On April 7, 2020, Mayor Eric Garcetti doubled down his efforts to curtail the spread of the novel coronavirus in the workplace by issuing the Worker Protection Order (the “Order”). The Order applies to all workers who work at…more

Business Interruption, Coronavirus/COVID-19, Mayor Garcetti, Remote Working, Shelter-In-Place

See all updates »

Organizational Integrity Shorts: The Importance of Post-Investigation Activities

Aristotle said “well begun is half done.” About 2,300 years later, Mary Poppins shared the same advice with her young charges, Jane and Michael. The adage generally is understood to mean that a thoughtful and disciplined start…more

Business Strategies, Corporate Culture, Corporate Governance, Corporate Management, Ethics

See all updates »

California Court of Appeal Affirms That Dynamex’s ABC Independent Contract Test Is Limited To Claims Arising Under Wage Orders

In Jesus Cuitlahuac Garcia v. Border Transportation Group, LLC, et al, the California Court of Appeal, Fourth Appellate District has held that the ABC test set forth in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th…more

ABC Test, Appeals, Common Law Test, Drivers, Gig Economy

See all updates »

Closing the Loopholes: The Biden-Harris Administration’s Action Against “Junk Insurance”

On March 28, 2024, the Biden-Harris Administration released final rules intended to lower health care costs and protect consumers from being induced into purchasing so-called “junk insurance” policies (the “Final Rules”)…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Health Insurance

See all updates »

Home Depot Files Opening Brief in California Supreme Court Case Set to Determine Validity of Time Clock Rounding

As we wrote about previously here, in October 2022, the Sixth District of the California Court of Appeal in Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638 (2022), ignored a decade of precedent and found Home Depot’s total…more

Appeals, California, Class Action, Employees, Employer Liability Issues

See all updates »

Summary of Actions Taken by US Government on Sunday, March 12 in Response to SVB Failure and Related Fallout

Following FDIC’s actions on Friday to place Silicon Valley Bank (“SVB”) in receivership, the Department of the Treasury, the FDIC, and the Federal Reserve announced several measures on Sunday, March 12, 2023 aimed at avoiding…more

Banking Sector, Banks, Depository Institutions, FDIC, Federal Reserve

See all updates »

New York Broadly Revises Hospital Financial Assistance, Medical Debt Collection and Related Requirements

Effective October 20, 2024, New York hospitals must have in place State-mandated changes to their financial assistance (“FA”) programs (including FA eligibility criteria and debt collection practices) and their practices related…more

Collection Action, Collection Agencies, Debt Collection, Financial Assistance Policies, Healthcare

See all updates »

2023 Federal Circuit Case Summaries

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March…more

Abbreviated New Drug Application (ANDA), Administrative Procedure Act, Appeals, Claim Construction, Final Written Decisions

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from implementing…more

Appeals, CA Supreme Court, California, Criminal Penalties, Homeless Issues

See all updates »

Treasury Issues New Proposed Guidance on Domestic Content Requirements of the Inflation Reduction Act – Updated Qualification Analysis and (Still) Lingering Questions

A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the…more

Buy America, Country of Origin, Energy Projects, Federal Transit Administration, Inflation Reduction Act (IRA)

See all updates »

The SEC’s Sudden Impact on NFTs!

On August 28, 2023, the Securities and Exchange Commission (“SEC”) instituted cease-and-desist proceedings under Section 8A of the Securities Act against Impact Theory, a Los Angeles media and entertainment company, alleging…more

Cryptocurrency, Enforcement Actions, Howey, Non-Fungible Tokens (NFTs), Registration Requirement

See all updates »

New York DFS Plans to Streamline Supervisory Information Sharing

The New York State Department of Financial Services (“DFS”) is proposing a new regulation that would allow banks to share confidential supervisory information with their attorneys or an independent auditor without gaining prior…more

Banking Sector, Comment Period, Confidential Supervisory Information, Department of Financial Services, Financial Services Industry

See all updates »

How High Can It Go? What Private Equity Needs to Know about How Professional Sports Leagues’ Rules Impact Sports Franchise Valuations

If you had invested in a North American sports franchise between 1991- 2022, you would have earned at least a seven-fold return on your investment, bettering the return from the S&P 500 over that period of time by a two-to-one…more

Franchises, Franchisors, Investment, Investors, NFL

See all updates »

Nota Bene Podcast Episode 132: 2021 Business Bankruptcy Trends with Ori Katz

The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the coronavirus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses…more

363 Sales, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

See all updates »

2022 in Review – California Climate Change Policy and Legislation

With 2022 having just come to an end, we wanted to take the opportunity to spotlight some of the most impactful legislative and regulatory actions taken in California to meet the state’s goal of being a global leader in the…more

California, Clean Energy, Climate Change, Energy Sector, New Regulations

See all updates »

Gulf of Mexico Offshore Auction Falls Short of Expectations

On August 29th, the Bureau of Ocean Energy Management (BOEM) held the first auction for offshore wind areas in the Gulf of Mexico. Sheppard Mullin’s preview of the auction can be accessed here..…more

Auction, BOEM, Gulf of Mexico, Offshore Funds, Offshore Wind

See all updates »

Planning for an M&A Transaction: Key commercial terms to look-out for

When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties…more

Acquisition Agreements, Acquisitions, Closing Documents, Due Diligence, Gaming

See all updates »

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship…more

Artificial Intelligence, Authorship, China, Copyright, Copyright Litigation

See all updates »

NYAG Bill Seeks to “Bring Order” to Crypto Industry

On May 3, 2023, New York Attorney General Letitia James introduced legislation that, if passed, would substantially increase oversight and regulation of the cryptocurrency industry in New York. James touts the bill as the…more

Cryptocurrency, Enforcement, New York, Proposed Legislation, Regulatory Agenda

See all updates »

Reclassifying Cannabis as a Schedule III Substance – Will the DEA Agree?

On August 29, 2023, less than one year after President Biden’s directive to federal officials, including the U.S. Department of Health and Human Services (“HHS”) and the U.S. Attorney general, to conduct a review of cannabis’…more

Cannabis Products, Classification, Controlled Substances, Controlled Substances Act, DEA

See all updates »

High Protections on Information Relating to Employees’ Cannabis Use

On October 7, 2023, Governor Gavin Newson signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information from…more

California, Cannabis Products, Employees, Employer Liability Issues, FEHA

See all updates »

Picking Up the “Key to NYC”: New Vaccination Regulations Now Effective for New York City Employers

On August 3, 2021, New York City Mayor Bill de Blasio announced the “Key to NYC” program (“Key to NYC” or the “Program”), which implemented new mandatory COVID-19 vaccination requirements for employees and patrons of certain…more

Coronavirus/COVID-19, Employer Mandates, Employer Responsibilities, New Regulations, New York

See all updates »

Game On: FINRA Hints at Upcoming Gamification Sweep

During a May 19, 2021 webcast at the Financial Industry Regulatory Authority’s (“FINRA”) annual conference, Amy Sochard, FINRA’s Vice President of Advertising Regulation, indicated that the organization will seek public feedback…more

Broker-Dealer, Competition, Disclosure, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

See all updates »

Esports Media Rights - Fall 2021

[co-authors: Zyie Lin and Cole Smith, FTI Consulting, Inc.] It is no secret that the popularity of both professional and amateur esports and gaming has exploded over the last 18 months – despite (and, perhaps, in part because…more

Copyright, Digital Media, eSports, Gaming, Intellectual Property Protection

See all updates »

Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?

App developers who pay 30% commission fee to Apple via In-App Purchasing should take note of an important legal decision recently presented to the Supreme Court for possible review. The Supreme Court’s decision whether to take…more

Amicus Briefs, App Developers, Apple, Certiorari, Digital Media

See all updates »

Nota Bene Episode 137: Asia Q3 Check In: Vaccine Rollouts and China’s Capital Markets with Paul Kim

As Asia’s economies attempt to recover from the grip of COVID-19, they face added obstacles brought on by slow vaccine rollouts and new pandemic restrictions. We’re exploring the latest economic and regulatory developments in…more

China, Coronavirus/COVID-19, Economic Growth, Environmental Social & Governance (ESG), Public Assistance

See all updates »

FemTech Meets DiagnosTech: A Discussion with Dierdre O’Neill

Emerging technologies are prompting a revolution in women’s healthcare through advanced diagnostic testing. In the sixth episode of Sheppard Mullin’s Health-e Law Podcast, Deirdre O’Neill, Chief Commercial & Legal Officer at…more

Artificial Intelligence, Compliance, Digital Health, Disclosure Requirements, Emerging Technologies

See all updates »

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor…more

ABC Test, Class Action, Classification, Department of Labor (DOL), Employee Definition

See all updates »

FDA Releases Final Guidance on Quantitative Efficacy and Risk Information in Direct-to-Consumer Promotional Labeling and Advertisements

On June 27, 2023, the Food and Drug Administration (FDA) issued its final guidance for the presentation of “Quantitative Efficacy and Risk Information” in direct-to-consumer (DTC) promotional labeling and advertisements for…more

Advertising, Direct to Consumer Sales, Final Guidance, Food & Drug Regulations, Food and Drug Administration (FDA)

See all updates »

Insurance Team Year End Review

Throughout 2022, Sheppard Mullin’s insurance practice group demonstrated excellence in all stages of litigation, continuing to solidify its role as trusted counsel to the nation’s leading insurers, including Liberty Mutual,…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

See all updates »

Day 3 Notes from the 42nd Annual J.P. Morgan Healthcare Conference

Looking out at the San Francisco skyline from the top floor of the Westin St. Francis on Day 3 of the 42nd Annual J.P. Morgan Healthcare Conference, the iconic Transamerica pyramid is not too far away. But my mind, being…more

Health Care Providers, Healthcare, Healthcare Reform, Medicare Advantage, Physicians

See all updates »

The New York City Council Sets its Sights on Non-Profit Housing Ownership

On February 23, 2023, the Committee on Housing and Buildings at the New York City Council held a hearing on four local laws and three resolutions, all of which, if passed, would have vast impacts on residential housing…more

Community to Purchase Act (COPA), Legislative Agendas, New Legislation, New Rules, New York

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part II (Infringement and Defense)

Mask Work Infringement - In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for…more

Copyright, Copyright Office, Copyright Registration, Intellectual Property Protection, Patent Infringement

See all updates »

The Corporate Transparency Act: Which Business Entities are Impacted and What is Required

Beginning on January 1, 2024, the Corporate Transparency Act (the “CTA”) requires each domestic and foreign entity that qualifies as a “reporting company” to file a Beneficial Ownership Information Report (“BOIR”) with the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Brands And Influencers Need To Know About SAG-AFTRA’s New Influencer Agreement

In February 2021, SAG-AFTRA’s National Board voted to approve a new Influencer Agreement. But, the announcement included few details, leaving many Brands and so-called Influencers to wonder what’s the deal? To date,…more

Brand, Compensation & Benefits, Compliance, Documentation, Influencers

See all updates »

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm & Haas

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,…more

Declaration, False Statements, Inequitable Conduct, Infringement, Materiality

See all updates »

U.S. Supreme Court Decision Gives More Latitude to Defeat Securities Fraud Class Action Lawsuits Prior to Class Certification

In Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, __ S Ct. __, 2014 WL 2807181 (U.S. June 23, 2014), the United States Supreme Court refused to overturn the landmark decision Basic v. Levinson, but ruled that…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

See all updates »

Increased Scrutiny into Agents & Brokers in the Medicare Advantage Space

Most Medicare Advantage (“MA”) beneficiaries rely on agents and brokers to help them navigate the complex process of selecting a health plan that will meet their needs. In exchange, brokers and agents received certain fixed…more

Agents, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS), Compensation

See all updates »

SAFEs and KISSes Poised to Be the Next Generation of Startup Financing

Overview - In late 2013, startup accelerator Y Combinator unveiled its Simple Agreement for Future Equity (“SAFE”) investment instrument as an alternative to convertible debt. While SAFE templates appeared in different…more

Convertible Debt, Corporate Counsel, Financing, Investors, Popular

See all updates »

Corrupt Foreign Leaders Now on the Hook for Bribery Charges: Congress Passes the Foreign Extortion Prevention Act

On December 14, 2023, with bipartisan support, Congress passed the Foreign Extortion Prevention Act (“FEPA”), making it a federal crime for any foreign government official to demand, receive, or agree to receive a bribe from a…more

Bribery, Department of Justice (DOJ), Enforcement Actions, Extortion, FEPA

See all updates »

2021 California Legislative Update: California’s New Employment Laws

To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers.  In addition to the coverage in prior blog posts, which are linked below, this…more

ABC Test, Cal-OSHA, California, California Family Rights Act (CFRA), Contractors

See all updates »

Delaware Court of Chancery Rejects Share-Tracing Standing Requirement for Appraisal Petitioners

The Delaware Court of Chancery issued companion opinions clarifying Delaware’s standing requirements for appraisal petitions under 8 Del. C. § 262. In In re Appraisal of Ancestry.com, Inc., C.A. No. 8173-VGC, 2015 WL 66825…more

Ancestry.com, Appraisal, Arbitrage, Business Litigation, Buy-Out Agreements

See all updates »

Ninth Circuit Holds that Social Media Posts May Give Rise to “Seller” Liability Under Section 12(a)(2) of the Securities Act of 1933

In Pino v. Cardone Capital, LLC, 2022 U.S. App. LEXIS 35278 (9th Cir. Dec. 21, 2022), the United States Court of Appeals for the Ninth Circuit (Lynn, J.) joined with the Eleventh Circuit in holding that a person may qualify as a…more

Appeals, Crowdfunding, Investment, Investors, Liability

See all updates »

PFAS in Food Packaging: The Beginning of the End?

Has the final bell rung for PFAS in food packaging? On February 28, 2024, the Food and Drug Administration (FDA) announced that all grease-proofing agents containing per- and polyfluoroalkyl substances (PFAS) “are no longer…more

Food and Drug Administration (FDA), Food Manufacturers, PFAS, Product Packaging, Toxic Chemicals

See all updates »

Treasury Issues New Proposed Guidance on Domestic Content Requirements of the Inflation Reduction Act – Updated Qualification Analysis and (Still) Lingering Questions

A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the…more

Buy America, Country of Origin, Energy Projects, Federal Transit Administration, Inflation Reduction Act (IRA)

See all updates »

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters…more

Americans with Disabilities Act (ADA), Employee Benefits, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

See all updates »

Some Strings Attached: Main Street Lending Program And Private Company M&A

The Main Street Lending Program, intended to provide credit support to small and medium sized businesses, became operational on July 6, 2020.It includes many borrower-favorable economic terms, including a 5-year term, a low…more

CARES Act, Coronavirus/COVID-19, Libor, Main Street Lending Programs, Paycheck Protection Program (PPP)

See all updates »

Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess more…more

CFIUS, Civil Monetary Penalty, Foreign Investment, Investors, National Security

See all updates »

DOJ Plans to Apply the New Whistleblower Rewards Pilot Program to FCPA Cases

Just one day after Deputy Attorney General Lisa Monaco announced the U.S. Department of Justice’s (“DOJ’s” or “Department’s”) whistleblower pilot program on March 8, 2024, the DOJ’s Criminal Division highlighted its plans to…more

Corruption, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Pilot Programs, Securities and Exchange Commission (SEC)

See all updates »

United States Supreme Court Holds That Section 11 Plaintiffs Must Purchase Securities Issued Under the Registration Statement They Seek to Challenge

In Slack Technologies, LLC v. Pirani, No. 22-200, 2023 U.S. LEXIS 2301 (U.S. June 1, 2023), the Supreme Court of the United States (Gorsuch, J.) held that Section 11 of the Securities Act of 1933 (the “Securities Act”), 15…more

Appeals, Certiorari, Initial Public Offering (IPO), NYSE, Registration Statement

See all updates »

Impact of COVID-19 on Municipal Finance: Restructurings Inevitable (Part 1)

“Only when the tide goes out do you discover who’s been swimming naked” – Warren Buffet The tide has gone out on the municipal finance market. While much of the discussion about the financial fall-out of the COVID-19 virus…more

Coronavirus/COVID-19, Debt Restructuring, Financial Distress, Municipalities

See all updates »

Expert or Arbitrator? Resolving Purchase Price Adjustment Disputes

Acquisition agreements in M&A transactions frequently include provision for payment to be made at closing based on estimates of certain financial metrics that are later subject to a purchase price adjustment based on a final…more

Acquisition Agreements, Acquisitions, Arbitration, Buyers, Contract Negotiations

See all updates »

CFPB Takes Aim at Prepaid Card Providers Distributing Government Benefits

On February 15, the CFPB released Bulletin 2022-02 to reiterate the prohibition in the Electronic Fund Transfer Act (EFTA) that financial companies with government benefit contracts may not require consumers to establish an…more

Consumer Financial Protection Bureau (CFPB), EFTA, Enforcement, Financial Institutions, Financial Services Industry

See all updates »

Double Whammy: In a Sweeping New Opinion, the Ninth Circuit Creates a New Mechanism for Completely Wiping Out Unexpired Leases in Bankruptcy, and Also Undercuts a Critical Protection for Buyers in 363 Sales

In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code to sell real property free and…more

363 Sales, Appeals, Bankruptcy Code, Chapter 7, Commercial Bankruptcy

See all updates »

DOJ Plans to Apply the New Whistleblower Rewards Pilot Program to FCPA Cases

Just one day after Deputy Attorney General Lisa Monaco announced the U.S. Department of Justice’s (“DOJ’s” or “Department’s”) whistleblower pilot program on March 8, 2024, the DOJ’s Criminal Division highlighted its plans to…more

Corruption, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Pilot Programs, Securities and Exchange Commission (SEC)

See all updates »

Protecting Your Business Against Ransomware Attacks: A Primer

In light of the recent and escalating spate of ransomware attacks in the United States and internationally, the Biden administration has made it a top priority to strengthen the nation’s resilience against cyberattacks. Although…more

Best Practices, Biden Administration, Business Plans, Cyber Attacks, Cybersecurity

See all updates »

Keeping the Cap On the Policy: Unreasonable Conduct Is a Necessary Element of a “Bad Faith Failure to Settle” Claim

Pinto v. Farmers Ins. Exch., ___ Cal. App. 5th ___ (2021) - Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims. These claims arise out of a…more

Appeals, Bad Faith, CA Supreme Court, Insurance Industry, Insurance Litigation

See all updates »

Not So Fast – Challenges in Reincorporating from California to Delaware

There are several reasons that a California corporation may want to reincorporate to Delaware. Venture capital funds or other investors may demand a reincorporation to Delaware as a condition to financing. Cumulative voting for…more

Corporate Financing, Corporate Governance, Exemptions, Fairness Hearings, General Corporation Law

See all updates »

California Continues Trend of Pushing Housing Legislation to Address Ongoing Housing Shortage

According to the Public Policy Institute of California, a non-profit, non-partisan think tank, California is facing a jaw-dropping 3.5 million unit housing deficient for the current population. This despite several legislative…more

California, Governor Newsom, Housing Market, Legislative Agendas, New Legislation

See all updates »

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although…more

Acquisitions, Amgen v Sanofi, Antitrust Division, Artificial Intelligence, Biden Administration

See all updates »

CMS Releases Notice of Benefit and Payment Parameters for 2024 Final Rule

On April 17, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released the U.S. Department of Health and Human Services (“HHS”) Notice of Benefit and Payment Parameters for 2024 Final Rule (the “Notice”) that includes…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules, Notice Requirements

See all updates »

Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts

At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried…more

Administrative Orders, Administrative Procedure, Appellate Courts, Binding Precedent, Dismissals

See all updates »

Enhancing Patient Care and Business Strategies: Insights from Connect Healthcare Real Estate Conference

The Healthcare Real Estate team at Sheppard Mullin had the privilege of attending the Connect Healthcare Real Estate Conference in Newport Beach, California, on September 28, 2023. This event provided an invaluable opportunity…more

Business Strategies, Healthcare, Healthcare Costs, Healthcare Facilities, Labor Shortage

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

SEC Updates Non-GAAP Financial Measures Guidance

On December 13, 2022, the Staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission updated its Non-GAAP Financial Measures Compliance & Disclosure Interpretations (“C&DIs”). The C&DIs are…more

C&DIs, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

See all updates »

Sheppard Submits Comments to Main Street Loan Program

On Thursday April 16, Sheppard Mullin submitted comments to the Federal Reserve about its terms sheets for the $600 Billion Main Street Loan Program. These comments raise and explore numerous important questions that the Fed and…more

Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Relief Measures

See all updates »

The Wait is Over: DOJ and FTC Issue Final Merger Guidelines

On December 18, 2023, the Federal Trade Commission and Department of Justice (the “Agencies”) jointly issued Final Merger Guidelines, following a public comment period on the Proposed Merger Guidelines first issued in July. The…more

Acquisitions, Antitrust Division, Antitrust Provisions, Criminal Investigations, Department of Justice (DOJ)

See all updates »

FERC Order No. 860 Mandates New Market-Based Rate Filing and Reporting Requirements for Sellers of Electric Energy

On July 18, 2019, the Federal Energy Regulatory Commission issued Order No. 860. The order requires entities with or seeking market-based rate authority (sellers) to submit certain data related to FERC’s market power analyses,…more

Electricity, Energy Sector, FERC, Filing Requirements, Reporting Requirements

See all updates »

Proposed “Made Available to Trade” Determination for SOFR and SONIA Swaps

On April 12, 2023, Tradeweb’s Swap Execution Facility, TW SEF LLC, filed a self-certification for certain overnight index swaps (OIS) referencing USD Secured Overnight Financing Rate (“SOFR”) or GBP Sterling Overnight Index…more

CFTC, Designated Contract Markets (DCMs), Financial Regulatory Reform, Libor, Restructuring

See all updates »

EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Department of Labor (DOL), Employees, Employer Liability Issues

See all updates »

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid leave…more

Arbitration, Eligibility, Employee Benefits, Employee Handbooks, Employee Training

See all updates »

AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process…more

Artificial Intelligence, Disclosure Requirements, Innovation Patent, Inventions, Inventors

See all updates »

Too Many Bites at the Apple?

When a patent owner loses at the International Trade Commission (“ITC”), can it hire new counsel and try again in district court? That question will be answered in Gamevice, Inc. v. Nintendo Co., Ltd. et al, No. 3-18-cv-01942…more

Gaming, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Investigations, Nintendo

See all updates »

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although…more

Acquisitions, Amgen v Sanofi, Antitrust Division, Artificial Intelligence, Biden Administration

See all updates »

Federal Circuit Affirms PTAB’s Ruling of Obviousness for the Colorization of Fabrics

In Jodi A. Schwendimann, fka Jodi A. Dalvey, v. Neenah, Inc., Avery Products Corporation, No. 2022-1333, 2022-1334, 2022-1427, 2022-1432 (Fed. Cir. October 6, 2023) (“Opinion”), the case addresses whether there was substantial…more

Appeals, Evidence, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation

See all updates »

EEOC Updates Guidance Concerning COVID-19 Testing

As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, EEO, Employees, Employer Liability Issues

See all updates »

The Corporate Transparency Act: A Reporting Guide for Medical Groups and MSOs

Congress passed the Corporate Transparency Act (the “CTA”) in 2021 with the aim of enhancing transparency in entity structures and ownership as well as combating terrorism, money laundering, and other forms of corporate…more

Beneficial Owner, Corporate Entities, Corporate Practice of Medicine, Corporate Transparency Act, FinCEN

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Statewide Residential Rent Control Passed In California

The California Legislature has passed AB1482 providing for comprehensive statewide residential rent control and eviction protections and sent it to the Governor for signature, which is expected. Commencing January 1, 2020,…more

Eviction, Exemptions, Just Cause, Landlords, New Legislation

See all updates »

Small Changes During Contract Performance Can Take A Large Bite Out Of The Bottom Line

It is not unusual for agency personnel to request extracontractual changes during performance of a contract, many of which may seem fairly innocuous at first glance. From changing the type of screw used in a machine, to altering…more

Appeals, Construction Contracts, Contract Claims, Contracts Clause, Pricing

See all updates »

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements where…more

California, Confidential Information, Discrimination, Employer Liability Issues, Employment Discrimination

See all updates »

Amendment to China’s Company Law (1): Contribution of Capital and Authorized Capital Concept

China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive…more

Board of Directors, China, Company Law, Corporate Governance, Foreign Investment

See all updates »

Highlights of Revised Regulations for Implementing Patent Law of China

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the…more

Amended Regulation, China, CNIPA, Design Patent, Intellectual Property Protection

See all updates »

Treasury Department Proposes Non-Loan Status for Earned Wage Access

In March, U.S. Department of Treasury issued its annual General Explanations of the Administration’s Revenue Proposals, commonly known as the “Green Book.”  Among other revenue proposals, the Treasury addressed the treatment of…more

Consumer Financial Protection Bureau (CFPB), Employee Benefits, Employees, Employer Liability Issues, Green Book

See all updates »

Supreme Court Takes Back Takings: Knick v. Township of Scott

The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause under the Fifth Amendment may seek relief…more

42 U.S.C. §1983, Federal v State Law Application, Fifth Amendment, Inverse Condemnation, Just Compensation

See all updates »

The End of the World Order and the Rise of Trade Regulation

Author and futurist Peter Zeihan recently asserted that President Joe Biden has presided over “the most protectionist administration the United States has had in at least a century.” And Donald Trump reportedly plans to double…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, Donald Trump, EU

See all updates »

California State Court Declines to Expand Standing for Claims Under 1933 Act

In Jensen v. iShares Trust, 2020 Cal. App. LEXIS 61 (Cal. App. Jan. 23, 2020), a rare state court decision addressing claims under the Securities Act of 1933 (“1933 Act”), the California Court of Appeal rejected…more

Appeals, Asset Tracing, BlackRock, Broker-Dealer, ETFs

See all updates »

CFPB Announces Update in Continued War on Mortgage Servicing Junk Fees

On April 24, the CFPB released its latest edition of Supervisory Highlights detailing the agency’s actions taken to combat “junk fees” it alleges are charged by mortgage servicers. This spotlight on fees in mortgage servicing…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees

See all updates »

FinCEN Proposes New Rule to Deter Money Laundering in the Residential Real Estate Sector

On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) designed to combat and deter money laundering in the U.S…more

Anti-Money Laundering, Antitrust Division, Beneficial Owner, Buyers, FinCEN

See all updates »

Supreme Court Holds That Respondents in Agency Enforcement Actions May Raise Constitutional Challenges Outside of Administrative Proceedings

On April 14, 2023, in a decision involving appeals regarding two separate agency enforcement actions, the Supreme Court unanimously held that respondents in such actions may raise certain constitutional challenges outside of the…more

Administrative Agencies, Administrative Proceedings, Constitutional Challenges, Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

CEQA 2023 Legislative Update

The 2023 legislative cycle saw another mixed-bag of legislation dealing with CEQA “reform,” with a particular focus on streamlining affordable housing development. While many bills died during the process, a few key laws were…more

California, CEQA, Housing Developers, Housing Market, Legislative Agendas

See all updates »

New Program Under Biden Executive Order to Prevent Access to American’s Sensitive Personal Data by Foreign Actors

The Biden Administration recently issued an Executive Order aimed at protecting American’s sensitive information and certain US Government data from threats posed by foreign actors. Of note is the Order’s focus on data brokers…more

Biden Administration, Cybersecurity, Data Brokers, Data Privacy, Department of Justice (DOJ)

See all updates »

Who’s a Joint Employer Now? New NLRB Rule Drastically Expands Joint Employer Definition

On October 26, 2023, the National Labor Relations Board (the “Board”) released a final rule which vastly broadens the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”) and makes it…more

Employee Definition, Employer Liability Issues, Final Rules, Joint Employers, Labor Reform

See all updates »

E-Commerce Development Boom or Bust? Potential Setbacks for Warehouse Development in Inland Empire on Hold for Now

A bill that would have made development and expansion of warehouse and logistics projects more difficult in the Inland Empire has stalled out in the present legislative session..…more

California, Climate Change, E-Commerce, Proposed Legislation, State and Local Government

See all updates »

Preserving Trade Secrets By Taking Additional Protective Measures In Your Licensing Agreement

The Eastern District of New York recently highlighted the importance of maintaining the confidentiality of trade secrets where the underlying trade secrets are readily apparent to anyone interacting with the holder’s product…more

Intellectual Property Protection, License Agreements, Non-Disclosure Agreement, Software, Trade Secrets

See all updates »

The U.S. Department of Labor Provides Guidance for Agricultural Employers on the PUMP Act

As previously discussed here, the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP”) was signed into law on December 29, 2022. PUMP further amends the federal Fair Labor Standards Act (“FLSA”) by extending…more

Agricultural Sector, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), New Guidance

See all updates »

Patent Office Adds Another After Final Option for Applicants – P3

This week, the United States Patent and Trademark Office (USPTO) announced1 the Post-Prosecution Pilot Program (“P3”) for applicants to respond to a final rejection in a utility patent application. Under the P3, an applicant…more

Examiners, Patent Applications, Patents, USPTO, USPTO Pilot Program

See all updates »

Supreme Court Narrows Scope of Waters Protected by the Clean Water Act in Sackett v. EPA

In a long-anticipated decision on the reach of the Clean Water Act (“CWA”), the Supreme Court significantly narrowed the scope of the wetlands and other waters subject to the CWA’s protections. The Court’s opinion in Sackett v…more

Clean Water Act, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA), Rapanos v US

See all updates »

An Evolving High-Wire Act: Navigating Conflicting Laws, Regulations, and Guidance in the ESG Space

The idea that investors might choose to consider certain environmental, social, and governance factors when deciding whether to buy shares of a company—a concept commonly known as ESG—continues to gain popularity with trillions…more

Best Practices, Business Plans, Business Strategies, Capital Investments, Corporate Governance

See all updates »

Nota Bene Podcast Episode 129: Practical Tips for Protecting Your Brand Against Counterfeiters with Lisa Martens

They say imitation is the sincerest form of flattery. Nowhere is this imitation more unwelcome than when it comes to a company’s intellectual property. Intellectual property laws and the protection they offer ensure that a…more

Brand, Copyright, Counterfeiting, Intellectual Property Protection, Pirating

See all updates »

Dealing with the Financial Impact of the Coronavirus

With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), hospitality service providers are facing a number of issues that have already exacted a heavy financial toll. With consumers staying home…more

Business Interruption, Commercial Insurance Policies, Commercial Loans, Contract Terms, Coronavirus/COVID-19

See all updates »

CMS Finalizes Federal Minimum Staffing Standards for Nursing Homes

In a long-awaited and controversial Final Rule posted on April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) adopted new federal minimum staffing requirements that will require long-term care facilities to (1)…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Reform

See all updates »

Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters

As we pivot into the next generation of technology for the 21st century, we’re taking a look at the only intellectual property rights to be mentioned in the U.S. Constitution – patents. We’re joined by Rob Masters to explore how…more

America Invents Act, Eligibility, Injunctions, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

See all updates »

“Take Five” – A Guide to Invoking the Fifth Amendment in Civil Cases

Written by Paul Desmond in the key of E-flat minor and performed by the Dave Brubeck Quartet using a funky quintuple (5/4) time, “Take Five” is and was the biggest selling jazz single of all time. But it is also slang for…more

Criminal Convictions, Criminal Prosecution, Defense Strategies, Evidence, Fifth Amendment

See all updates »

Troubled Debt Restructuring: Phase 3 Stimulus Bill

On March 25, 2020, the Senate passed an amendment to H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (as amended, the “CARES Act”), which (as of March 26, 2020) is being considered in the House..…more

CARES Act, Coronavirus/COVID-19, Debt Restructuring, Financial Stimulus

See all updates »

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content…more

Appeals, Communications Decency Act, Electronic Communications, FCC, First Amendment

See all updates »

Landmark Contractor Licensing Case Limits Disgorgement Remedy in California

Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Cal. Bus. & Prof. Code §7065. Except for sole proprietors, contractors are typically licensed through…more

Business & Professions Code, Construction Industry, Contractor's License, Contractors, Disgorgement

See all updates »

FTC Finalizes Revisions to the Endorsement Guides, Proposes New Rule for Consumer Reviews and Testimonials and Updates FTC Staff Guidance

The Federal Trade Commission’s (“FTC”) Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social media advertising, including influencer…more

Advertising, Federal Trade Commission (FTC), New Rules, Online Endorsements, Online Reviews

See all updates »

PTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline

In Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. 2022-1482 (Fed. Cir. Nov. 21, 2023), the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review…more

Final Written Decisions, Patent Litigation, Patent Trial and Appeal Board, Patents, Pharmaceutical Patents

See all updates »

China Semiconductor Export Regulations, Episode III – What a Difference a Year Makes

On Tuesday, October 17, 2023, the U.S. Bureau of Industry and Security (BIS) released a package of three rules (the 2023 Rules) targeting the Chinese semiconductor industry. The rules update the substantial semiconductor…more

China, Commerce Control List, ECCNs, Entity List, Export Administration Regulations (EAR)

See all updates »

More Trouble Ahead for the Mortgage Industry If Ginnie Mae’s Risk-Based Capital Requirements Take Effect

The new Ginnie Mae issuer financial requirements, first published on August 17, 2022 in APM 22-09 by joint announcement with the Federal Housing Finance Agency, are scheduled to take effect in two parts beginning September 30,…more

Consumer Financial Products, Financial Markets, Financial Regulatory Reform, Financial Services Industry, Ginnie Mae

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Navigating Dangerous Shoals: The Murky but Critical Territorial Boundaries of U.S. Antitrust Jurisdiction

Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction…more

Antitrust Provisions, Cartels, Comity, Criminal Prosecution, Federal Trade Commission (FTC)

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

FDCA Preemption: A Powerful Tool for Defending Class Actions

Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense against putative class actions concerning drugs,…more

Class Action, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling

See all updates »

Proposition 65: 2023 in Review

2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive…more

California, Chemicals, Enforcement Actions, Notice of Proposed Rulemaking (NOPR), OEHHA

See all updates »

California Legislature and Governor Approves New PAGA Carve-Out

On September 27, 2021, California Governor Gavin Newsom signed Senate Bill 646 (“SB 646”), which creates a limited exception from the Private Attorneys General Act of 2004 (“PAGA”) for certain janitorial employees performing…more

California, Collective Bargaining Agreements (CBA), Governor Newsom, Janitorial Services, New Legislation

See all updates »

Making Sense of the Solar Supply Chain Issues

As current supply chain issues continue to threaten the U.S. photovoltaic solar industry, solar module suppliers, manufacturers, renewable energy developers and utilities alike face great uncertainty surrounding the immediate…more

Energy Sector, Imports, Manufacturers, Photovoltaic, Section 201

See all updates »

SEC Proposes Amendments to Update and Simplify Disclosure Requirements as Part of Overall Disclosure Effectiveness Review

On July 13, 2016, the Securities and Exchange Commission (the “SEC”) announced proposed amendments in order to update and simply its disclosure requirements…more

Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), GAAP, IFRS, Proposed Amendments

See all updates »

FDA Makes Good on Its Promise to Regulate Laboratory-Developed Tests

Yesterday, the Food & Drug Administration (“FDA” or “the Agency”) issued a highly anticipated – and highly controversial – final rule, which rolls out a four-year, five-stage plan that will phase out the Agency’s previous policy…more

Clinical Laboratories, Enforcement, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Laboratory Developed Tests

See all updates »

Nota Bene Episode 95: Mapping Capital Markets and Securities Enforcement in the Current COVID-19 Moment with Jamie Mercer and John Stigi

While COVID-19 took the American capital markets by surprise, the resulting impact might be better than expected. We’re taking a look at how American capital markets are faring in these pandemic times, including a closer look at…more

Initial Public Offering (IPO), Paycheck Protection Program (PPP), Securities and Exchange Commission (SEC)

See all updates »

China Semiconductor Export Regulations, Episode V – Updates and Corrections to the Advanced Computing and Semiconductor Regulations

On March 29, 2024, BIS issued an interim final rule (IFR) updating and correcting its advanced computing and semiconductor regulations published in October 2023 (which we discuss here in Episode III). This marks the third…more

Bureau of Industry and Security (BIS), China, End-Users, Export Controls, Exports

See all updates »

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from implementing…more

Appeals, CA Supreme Court, California, Criminal Penalties, Homeless Issues

See all updates »

Artificial Intelligence Highlights from FTC’s 2024 PrivacyCon

This is the second post in a two-part series on PrivacyCon’s key-takeaways for healthcare organizations. The first post focused on healthcare privacy issues. This post focuses on insights and considerations relating to the use…more

Artificial Intelligence, Data Privacy, Data Security, Federal Trade Commission (FTC), Healthcare

See all updates »

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation…more

California, Food and Drug Administration (FDA), Food Manufacturers, GRAS, State Bans

See all updates »

It Is Time to Check Your Onboarding Documents – Employer’s Confidentially Agreement Renders Its Arbitration Agreement Unenforceable

On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process. The…more

Arbitration, Arbitration Agreements, Confidential Information, Corporate Counsel, Employee Rights

See all updates »

FDCA Preemption: A Powerful Tool for Defending Class Actions

Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense against putative class actions concerning drugs,…more

Class Action, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling

See all updates »

Conditional Approval is Project Approval: Appellate Court Confirms CEQA Statute of Limitations Triggered by Tentative Map Approval Conditioned on Subsequent Rezoning

Following California Supreme Court and its own case law precedent, the Second District, Division Five, has ruled in Guerrero et al. v. City of Los Angeles (Jan. 17, 2024) (Guerrero), certified for publication, that a CEQA…more

California, CEQA, Permits, Real Estate Development, Urban Planning & Development

See all updates »

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day…more

Attorney's Fees, Damages, Inverse Condemnation, Jury Verdicts, Oregon

See all updates »

HHS & DOJ FY 2022 Enforcement Targeted Fraud in COVID-19, Telemedicine, Opioid and Prescription Drugs, and Substance Use Treatment Centers, Among Other Initiatives

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) recently released its “Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2022” (the “Report”), highlighting continued…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Fraud, Fraud and Abuse

See all updates »

Final Rule Changes No Surprises Act Requirements

On Friday, August 26, 2022, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”), the Department of Labor’s Employee Benefits Security Administration and the Department of Treasury’s…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Labor (DOL), Disclosure Requirements, Final Rules

See all updates »

NYC Permits Private Right of Action for Earned Safe and Sick Time Violations

Effective as of March 20, 2024, New York City law permits “any person” to initiate a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”). The new law amends Section 20-924 of the New York City…more

City of New York, Employee Handbooks, Employees, Employer Liability Issues, Labor Law Violations

See all updates »

Corporate Transparency Act: Reporting Requirements; Preparing Your Company and Other Related Considerations

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act for Fiscal Year 2021. The CTA aims to enhance transparency of beneficial ownership information for certain types of business…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Governance, Corporate Transparency Act

See all updates »

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB…more

Antitrust Division, Department of Justice (DOJ), Employees, Employer Liability Issues, Federal Trade Commission (FTC)

See all updates »

New Export Control Law: China Strengthens its Regulatory “Great Wall”

Year 2020 definitely is a milestone year for China in building up and strengthening its regulatory legislation in the field of international trade.  Following the Regulations on Unreliable Entity List (“UEL”), the Export Control…more

China, Corporate Counsel, End-Users, Enforcement, Entity List

See all updates »

What Physicians Need to Know About the New California End of Life Option Act

On October 5, 2015, the California legislature passed the “End of Life Option Act” (the “Act”), which permits physicians to prescribe an aid-in-dying medication to terminally-ill patients. The Act is set to take effect on June…more

Employment Policies, Health Care Providers, New Legislation, Physician-Assisted Suicide, Physicians

See all updates »

NLRB Adopts Volatile New Standard for Evaluating Work Rules

On August 2, 2023, the National Labor Relations Board (the “NLRB” or “Board”) issued its decision in Stericycle Inc., 372 NLRB No. 113 (2023) (“Stericycle”) overruling the standards established in The Boeing Company, 365 NLRB…more

Employer Liability Issues, Employment Litigation, Employment Policies, NLRA, NLRB

See all updates »

Splitting The Roll - Commercial And Industrial Property Owners May Face Significant California Property Tax Increases Starting As Early As The 2022-2023 Fiscal Year

California’s Proposition 13 prevents the assessed value of California real property from increasing by more than 2% per year, unless there is a change of ownership or completion of new construction. On November 3, 2020,…more

Commercial Property Owners, Property Tax, Proposition 13, State and Local Government, Tax Assessment

See all updates »

Delaware Corporations Must Employ Procedural Safeguards When Approving a Reincorporation that Could Benefit a Controlling Stockholder to Avoid Entire Fairness Standard of Review

In Palkon v. Maffei, C.A. No. 2023-0449-JTL, 2024 Del. Ch. LEXIS 48 (Del. Ch. Feb. 20, 2024) (Laster, V.C.) the Delaware Court of Chancery considered whether a controlling stockholder’s approval of transactions reincorporating…more

Controlling Stockholders, Corporate Governance, Delaware General Corporation Law, Fairness Standard, Incorporation

See all updates »

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual Harassment Cases

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual harassment…more

Biden Administration, Employer Liability Issues, Employment Contract, Employment Policies, Hiring & Firing

See all updates »

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed…more

Employees, Employer Liability Issues, Labor Reform, Labor Regulations, NLRA

See all updates »

New Year, New Rules: The District of Columbia’s New Ban on Non-Compete Agreements

On January 11, 2021, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, once effective, will be one of the broadest bans on non-compete agreements in the country. …more

Compliance, Contract Terms, Employees, Employer Liability Issues, Employment Contract

See all updates »

Update to: A Lifeline Amidst Turbulent Times: California Lawmakers Approve Emergency Loans for Struggling Hospitals

As an update to our previous post, on Monday, May 15, 2023, California Governor Gavin Newsom signed into law Assembly Bill 112 (“AB 112”), which is designed to provide critical relief to qualified struggling hospitals across the…more

California, Coronavirus/COVID-19, Financial Distress, Governor Newsom, Healthcare

See all updates »

New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021

The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021. As…more

Coronavirus/COVID-19, Eligibility Determination, Employees, Employer Liability Issues, Governor Cuomo

See all updates »

Update to: A Lifeline Amidst Turbulent Times: California Lawmakers Approve Emergency Loans for Struggling Hospitals

As an update to our previous post, on Monday, May 15, 2023, California Governor Gavin Newsom signed into law Assembly Bill 112 (“AB 112”), which is designed to provide critical relief to qualified struggling hospitals across the…more

California, Coronavirus/COVID-19, Financial Distress, Governor Newsom, Healthcare

See all updates »

California Employers: Get Ready for New FEHC Regulations Effective April 1st

As most California employers know, the complex web of laws that govern employment in the state is vast and ever-expanding. It just got more complicated. The Fair Employment and Housing Council (“FEHC”) has issued new…more

Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Employer Liability Issues, FEHC

See all updates »

Ninth Circuit Provides Guidance on SEC Rule 16b-3 Short-Swing Profit Liability Exemption

In Roth v. Foris Ventures, LLC, Nos. 22-16632, 22-16633, 2023 U.S. App. LEXIS 30081 (9th Cir. Nov. 13, 2023), the United States Court of Appeals for the Ninth Circuit partially reversed the dismissal of a shareholder derivative…more

Appeals, Beneficial Owner, Enforcement Actions, No-Action Letters, Publicly-Traded Companies

See all updates »

Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims

AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in real…more

Artificial Intelligence, Bots, Confidential Information, Defend Trade Secrets Act (DTSA), Disclosure

See all updates »

Update to: A Lifeline Amidst Turbulent Times: California Lawmakers Approve Emergency Loans for Struggling Hospitals

As an update to our previous post, on Monday, May 15, 2023, California Governor Gavin Newsom signed into law Assembly Bill 112 (“AB 112”), which is designed to provide critical relief to qualified struggling hospitals across the…more

California, Coronavirus/COVID-19, Financial Distress, Governor Newsom, Healthcare

See all updates »

New CFPB Circular: Reopening Closed Accounts May Violate CFPA 

On May 10, the CFPB announced the release Circular 2023-02 to confirm that reopening closed accounts may violate federal law. Based on its review of consumer complaints, the CFPB observed that after customers closed their bank…more

Banks, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Fees

See all updates »

Gone but Not Forgotten: The Continuing Importance of NAFTA Compliance

The North American Free Trade Agreement (NAFTA) may have been replaced effective July 1, 2020 by the United States-Mexico-Canada Agreement (USMCA), but the rules of NAFTA remain alive and well in the halls of the enforcement…more

Mexico, NAFTA, United States-Mexico-Canada Agreement (USMCA)

See all updates »

Federal Circuit Confirms Addition of Two Inventors of Groundbreaking Immunotherapies for Cancer

In Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co. Ltd, the Federal Circuit held that two scientists, Dr. Gordon Freeman and Dr. Clive Wood, should be included as joint inventors, along with Dr. Tasuku Honjo for…more

Cancer, Inventors, Patents, Pharmaceutical Industry

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

What the FTC’s Noncompete Ban Means for Healthcare

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule banning employers from imposing post-employment noncompete requirements on their workers (the “Final Rule”). The FTC has indicated that it will…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

Ninth Circuit Court of Appeals Provides Critical Guidance on Events Triggering Waiting Time Penalties

In Harstein v. Hyatt Corp., the Ninth Circuit Court of Appeals held that Hyatt Corporation (“Hyatt”) violated California law, which requires the payment of all wages at separation, when one of its hotels failed to pay employees…more

Appeals, Employees, Employer Liability Issues, Employment Litigation, Labor Code

See all updates »

Texas Central Wins Authority to Take Land for High-Speed Rail System

Move over luxury bus lines and quick flights. Central Texans should be on the lookout for bulldozers and train stops. On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure, Inc. and…more

Construction Industry, Infrastructure, Railroads, Railways, Texas

See all updates »

Federal Circuit Confirms Addition of Two Inventors of Groundbreaking Immunotherapies for Cancer

In Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co. Ltd, the Federal Circuit held that two scientists, Dr. Gordon Freeman and Dr. Clive Wood, should be included as joint inventors, along with Dr. Tasuku Honjo for…more

Cancer, Inventors, Patents, Pharmaceutical Industry

See all updates »

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable…more

Appeals, Declaration of Use, Fraud, Intellectual Property Protection, Trademark Cancellation

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

Ninth Circuit Applies Adolph, Vacating Lower Court’s Dismissal of Employee’s Nonindividual PAGA Claims

On February 12, 2024, the Ninth Circuit in Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) vacated a district court’s dismissal of a former employee’s nonindividual PAGA claims and remanded the nonindividual…more

Arbitration, Arbitration Agreements, California, Class Action, Class Action Arbitration Waivers

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

Synthetic USD LIBOR

As market participants prepare to submit comments on the recent proposal of the UK’s Financial Conduct Authority (the “FCA”) (available here) to require the temporary publication of a “synthetic” 1-, 3- and 6-month USD LIBOR,…more

Comment Period, Financial Conduct Authority (FCA), Financial Institutions, FRB, ICE Benchmark Administration (IBA)

See all updates »

Digital Platforms Face New EU Regulations

With digital platforms present in every aspect of our lives, it was only a matter of time before regulators started to think about how to manage the new issues and competition concerns they raise. Leading platforms have grown in…more

Competition, Competition Authorities, Digital Platforms, EU, European Commission

See all updates »

Solving for Physician Burnout: Creating a Culture of Psychological Safety

Our clients report that addressing and preventing burnout for their physicians and other caregivers continues to be a critical priority in the aftermath of the pandemic. Healthcare organizations need high functioning, engaged…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform, Mental Health

See all updates »

Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance Ushers in Some of the Nation’s Most Generous Employee Leave Entitlements

Chicago’s recent enactment of its Paid Leave and Paid Sick and Safe Leave Ordinance (“Ordinance”) marks some of the country’s most progressive paid time off legislation and also imposes robust requirements upon Chicago…more

Employee Benefits, Employer Liability Issues, Employment Policies, Illinois, Labor Reform

See all updates »

Healthcare Agreements - Key Issues Impacting the Enforceability of Non-Compete Clauses for Texas Physicians

With tightening labor markets and the increasing mobility of healthcare workers, including physicians, now is a good time to revisit non-compete agreements to ensure they are enforceable. Texas courts will generally enforce…more

Buy-Out Agreements, Healthcare, Healthcare Workers, Non-Compete Agreements, Patients

See all updates »

HIMSS19 Kicks-Off Addressing Leading Topics in Healthcare Information Technology

Healthcare Information and Management Systems Society (HIMSS) kicked-off its annual global conference this week in Orlando, Florida, addressing leading topics in healthcare information technology. Over 45,000 healthcare and…more

Artificial Intelligence, Blockchain, Distributed Ledger Technology (DLT), Health Care Providers, Health Information Technologies

See all updates »

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed…more

Employees, Employer Liability Issues, Labor Reform, Labor Regulations, NLRA

See all updates »

CFPB Issues Guidance to Protect Homeowners from Zombie Mortgages

On April 26, 2023, the CFPB issued an advisory opinion, which reiterated that the FDCPA and Regulation F prohibit certain debt collectors from suing to collect on debt or threatening to foreclose on homes with mortgages past the…more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA

See all updates »

Increased Enforcement in Healthcare? DOJ to Add More Prosecutors

An official from the Department of Justice (“DOJ”) recently announced the DOJ’s plans to “substantially” add to its current roster of 75 prosecutors specializing in healthcare fraud. On November 7, John “Fritz” Scanlon,…more

Department of Justice (DOJ), DOJ Strike Force, Enforcement Actions, Fraud and Abuse, Healthcare

See all updates »

California Fair Claims Settlement Practices Regulations Upheld Following a Near-Decade Long Legal Challenge to their Enforceability

Following nearly a decade of uncertainty as to their enforceability, the California Court of Appeal upheld key components of the California Fair Claims Settlement Practices Regulations on September 20, 2018 and affirmed that the…more

Administrative Law Judge (ALJ), Enforcement Actions, Insurance Industry, Private Right of Action, UIPA

See all updates »

The SEC’s Sudden Impact on NFTs!

On August 28, 2023, the Securities and Exchange Commission (“SEC”) instituted cease-and-desist proceedings under Section 8A of the Securities Act against Impact Theory, a Los Angeles media and entertainment company, alleging…more

Cryptocurrency, Enforcement Actions, Howey, Non-Fungible Tokens (NFTs), Registration Requirement

See all updates »

Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024), the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art…more

Confidentiality Policies, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Trial and Appeal Board, Patents

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

E(U)xterritoriality of EU Sanctions: The No Russia Clause

The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick. As a general rule, EU regulations do not apply extraterritorially. This policy is a bit pointed, intended to stand in…more

Asset Freeze, Buyers, EU, European Commission, Exporters

See all updates »

The Art of the Dealership: A Legal Road Map for Buying and Selling Automotive Dealerships

The past few years have seen dramatic shifts for mergers and acquisitions involving automotive dealerships. It has been estimated that approximately 3% of dealerships undergo a change of ownership in an average year..…more

Acquisitions, Automotive Industry, Blue Sky Laws, Buyers, Car Dealerships

See all updates »

PFAS in Food Packaging: The Beginning of the End?

Has the final bell rung for PFAS in food packaging? On February 28, 2024, the Food and Drug Administration (FDA) announced that all grease-proofing agents containing per- and polyfluoroalkyl substances (PFAS) “are no longer…more

Food and Drug Administration (FDA), Food Manufacturers, PFAS, Product Packaging, Toxic Chemicals

See all updates »

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Automated Decision Systems (ADS), Corporate Counsel, Discrimination

See all updates »

Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners…more

Artificial Intelligence, Disclosure, Ex Parte, Inventions, Manual of Patent Examining Procedure (MPEP)

See all updates »

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor…more

ABC Test, Class Action, Classification, Department of Labor (DOL), Employee Definition

See all updates »

Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law

On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal and…more

ADEA, Age Discrimination, But For Causation, Hiring & Firing, NYCHRL

See all updates »

Proposition 65: 2023 in Review

2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive…more

California, Chemicals, Enforcement Actions, Notice of Proposed Rulemaking (NOPR), OEHHA

See all updates »

Proposed Federal Legislation Seeks to Ban Targeted Advertising

Last week, Reps. Anna Eshoo (D-CA), Jan Schakowsky (D-IL) and Cory Booker (D-NJ) introduced the Banning Surveillance Advertising Act of 2022, a new bill that seeks to significantly restrict targeted advertising practices. The…more

Advertising, California Consumer Privacy Act (CCPA), EU, Federal Trade Commission (FTC), New Legislation

See all updates »

Bid Protest Hub – December 2023

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we enter…more

Bid Protests, Bid Solicitation, Bids, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

The Sheppard Mullin Six - Offshore Wind in California

Offshore Wind Goes West. On May 25, the Biden administration and the State of California announced an effort to develop areas off of the coast of California for up to 4.6 GW of offshore wind generation. While Northeastern…more

Biden Administration, California, Clean Energy, Energy Policy, Energy Projects

See all updates »

[Webinar] So You Want to Be a Landlord? Rise in Residential Housing Class Actions - September 14th, 10:00 am - 11:00 am PT

This presentation will cover the recent spate of class actions being filed against landlords and property managers relating to tenant protection statutes, which include challenges to rent increases, late fees in residential…more

Application Fees, Class Action, Continuing Legal Education, Debt Collection, False Advertising

See all updates »

Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses

The United States is broadening the scope and diversity of its energy mix at a rate and to an extent not seen in a century, if ever. The changes underway provide both important opportunities and critical challenges for owners…more

Electricity, Energy Sector, FERC, Fossil Fuel, State and Local Government

See all updates »

M&A Pre-Flight Check: Avoiding Common Issues in Aerospace & Defense Acquisitions

As anyone who follows the industry can tell you, mergers and acquisitions activity in the aerospace and defense industry has remained robust over the past decade. In 2019 alone, there were 460 corporate acquisitions in this…more

Acquisitions, Aerospace, Buyers, CFIUS, Defense Sector

See all updates »

Delaware Corporations Must Employ Procedural Safeguards When Approving a Reincorporation that Could Benefit a Controlling Stockholder to Avoid Entire Fairness Standard of Review

In Palkon v. Maffei, C.A. No. 2023-0449-JTL, 2024 Del. Ch. LEXIS 48 (Del. Ch. Feb. 20, 2024) (Laster, V.C.) the Delaware Court of Chancery considered whether a controlling stockholder’s approval of transactions reincorporating…more

Controlling Stockholders, Corporate Governance, Delaware General Corporation Law, Fairness Standard, Incorporation

See all updates »

Guarding the Name of the Game: The Role of Lawyers in Safeguarding Athlete Trademarks

In recent years, the surge in athlete trademarks has marked a strategic shift in how sports personalities approach their personal brands. Having recognized their inherent commercial value, athletes today are viewed as powerful…more

Athletes, Brand, Intellectual Property Protection, Marketing, Sports

See all updates »

The Ninth Circuit Declares That Individualized Damages Issues Alone Never, Ever Preclude Certification of a Rule 23(b)(3) Class

In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule…more

Advertising, AdWords, Appeals, Calculation of Damages, Class Action

See all updates »

The Landscape of GIPA Litigation in Illinois

Class action litigation has exploded in cases involving violations of Illinois’ Biometric Information Privacy Act (“BIPA”). Less known and litigated is Illinois’s Genetic Information Privacy Act (“GIPA”) – enacted in 1998. But…more

Biometric Information Privacy Act, Class Action, Healthcare, Illinois, New Legislation

See all updates »

Clash of Game Companies: Lessons learned from GREE and Supercell Dispute

With 6 lawsuits, 32 preliminary injunction actions, and over 20 PTAB proceedings, GREE and Supercell have been duking it out in the IP world, with millions of dollars in legal fees being spent in the process. Most recently, the…more

Damages, Patent Trial and Appeal Board, Patents, Video Games

See all updates »

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles…more

Appeals, CA Supreme Court, CEQA, Construction Industry, Construction Project

See all updates »

Remedy for Russian Aircraft Expropriation – FSIA Lawsuit

Is it possible that the Russian government wants to compensate the aviation leasing companies for aircraft and engines that the government expropriated?  Russia expropriated aircraft and engines of multiple U.S. leasing…more

Aircraft, Aviation Industry, EU, Export Controls, Financial Services Industry

See all updates »

Sheppard Mullin 10 Ways to Screw Up Your Deal

IF YOU WANT TO SCREW UP YOUR DEAL, THEN: 1. Build the plane while you’re flying. If a deal is important enough to do, then it’s important enough to do the preparatory work before you launch the negotiations. - Doing your…more

Acquisitions, Business Strategies, Domestic Dealmaking, Health Care Providers, Healthcare

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ]…more

First Amendment, Injunctions, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Copyright Is Nothing To Joke About

Last summer, comedian Robert Kaseberg filed a copyright infringement suit against Conan O’Brien, among others, alleging that O’Brien incorporated four jokes written by Kaseberg in the opening monologues of his television show…more

Balancing Test, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

See all updates »

California Courts Clarify the Interpretation of the MCPPA

The Motor Carrier of Property Permit Act (the “MCPPA”) sets forth insurance requirements for commercial motor carriers in California. There is a dearth of legal authority interpreting the MCPPA, which was adopted in 1996…more

Appeals, California, DMV, Insurance Industry, Insurance Litigation

See all updates »

Appellate Court Holds Charter Cities Are Bound By State Housing Objectives, Signaling Erosion of Local Discretion

In Anderson v. City of San Jose (2019), the Sixth District Court of Appeal held that California’s charter cities must comply with the Surplus Land Act (Govt. Code § 54220 et seq.). This decision, essentially, ruled that the…more

Affordable Housing, Construction Project, Government Land, Home Rule States, Petition for Writ of Mandate

See all updates »

More on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of Public Injunctive Relief Claims

Arbitration clauses with class action waivers remain one of the most effective lines of defense against consumer class actions. They are also one of the most challenged. As we have discussed in prior posts, including here, here,…more

Arbitration, CA Supreme Court, Class Action, Class Action Arbitration Waivers, Injunctive Relief

See all updates »

California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers

Frontline workers of certain large grocery and pharmacy retailers in Los Angeles County and other municipalities across the state may soon receive an additional $4.00 to $5.00 an hour in “hero pay” or “hazard pay” during the…more

Coronavirus/COVID-19, Department of Labor (DOL), Employees, Employer Liability Issues, Grocery Store Workers

See all updates »

Board Guidance: Getting To Business Judgment Rule Deference When You Have A Controlling Stockholder

IN RE DELL TECHNOLOGIES INC. CLASS V STOCKHOLDERS LITIGATION There has been a growing deference in Delaware courts for transactions approved by independent special committees and minority stockholders. In the context of a…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, DE Supreme Court, MFW

See all updates »

Unleashing AB 2216: Will Fido Have a Leg Up on Landlords?

The California State Legislature is considering Assembly Bill (AB) 2216, a measure introduced by Assemblymember Matt Haney, that would force landlords to permit pets in residential rental properties. Specifically, the proposed…more

California, Landlords, Leases, Legislative Agendas, New Legislation

See all updates »

OCC: Crypto and DeFi Must Avoid Another Financial Crisis

Michael Hsu, the acting chief of the Office of the Comptroller of the Currency, recently addressed his remarks to the Blockchain Association drawing similarities between the current growth of cryptocurrencies and decentralized…more

Banking Sector, Blockchain, CDS, Comptroller, Cryptocurrency

See all updates »

Board Guidance: Getting To Business Judgment Rule Deference When You Have A Controlling Stockholder

IN RE DELL TECHNOLOGIES INC. CLASS V STOCKHOLDERS LITIGATION There has been a growing deference in Delaware courts for transactions approved by independent special committees and minority stockholders. In the context of a…more

Board of Directors, Business Judgment Rule, Controlling Stockholders, DE Supreme Court, MFW

See all updates »

[Webinar] No Class, Just a Massive Headache: Mass Arbitrations - August 29th, 10:00 am - 11:00 am PT

Imagine arriving at the office to find 20 bankers' boxes full of 20,000+ individual arbitration demands. The claims appear identical and non-meritorious. But to even get a chance to make an argument, it will cost you nearly $60…more

Arbitration, Arbitration Fees, Arbitrators, Class Arbitration, Continuing Legal Education

See all updates »

The Second Department Weighs in on Tolling vs. Suspension of Statutes of Limitation Pursuant to Governor Cuomo’s COVID-era Executive Orders

In “Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?”, we examined the debate surrounding whether Governor Cuomo’s Executive Order No. 202.8 and subsequent orders up to and…more

Coronavirus/COVID-19, Executive Orders, Governor Cuomo, New York, Rules of Civil Procedure

See all updates »

New York State Bans Employers from Holding Mandatory “Captive Audience” Meetings

On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s opinions…more

Employees, Employer Liability Issues, Hiring & Firing, Legislative Agendas, New Legislation

See all updates »

Congress Extends Renewable Energy Tax Credits in 2021 Omnibus Spending Bill

As Congress was completing final negotiations of the stimulus package dealing with the public health and economic impacts of the coronavirus pandemic, several key energy provisions made their way into the 5593-page omnibus…more

Carbon Capture and Sequestration, Coronavirus/COVID-19, Energy Storage, Energy Tax Incentives, Financial Stimulus

See all updates »

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became…more

Athletes, Electronic Arts, First Amendment, NCAA, Right of Publicity

See all updates »

Class Size Doesn’t Matter—Seventh Circuit Holds That Federal Law Bars Private Securities Class Actions Brought Under State Law Regardless of the Number of Putative Class Members

In Nielen-Thomas v. Concorde Investment Servs., LLC, No. 18-2875, 2019 WL 302766 (7th Cir. Jan. 24, 2019), the United States Court of Appeals for the Seventh Circuit held that the Securities Litigation Uniform Standards Act of…more

Appeals, Class Action, Class Members, De Novo Standard of Review, Dismissals

See all updates »

California Strengthens Non-Competition Law

California has passed two new items of legislation, Senate Bill 699 and Assembly Bill 1076, which will further regulate and restrict the enforcement of employment non-compete agreements in California, and expand the scope of…more

California, Employees, Employer Liability Issues, Employment Contract, Labor Code

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Forget About Vermont!: Congress Passes GMO “Labeling” Legislation

On July 14, 2016, the House of Representatives passed S.764 creating a National Bioengineered Food Standard. Importantly for food manufacturers and distributors, the law – expected to be signed by President Obama – will preempt…more

Bioengineering, Distributors, Federal Food Drug and Cosmetic Act (FFDCA), Federal v State Law Application, Food Labeling

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Enhancing Patient Care and Business Strategies: Insights from Connect Healthcare Real Estate Conference

The Healthcare Real Estate team at Sheppard Mullin had the privilege of attending the Connect Healthcare Real Estate Conference in Newport Beach, California, on September 28, 2023. This event provided an invaluable opportunity…more

Business Strategies, Healthcare, Healthcare Costs, Healthcare Facilities, Labor Shortage

See all updates »

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although…more

Acquisitions, Amgen v Sanofi, Antitrust Division, Artificial Intelligence, Biden Administration

See all updates »

San Francisco Passes Measure Requiring Sick Leave for Domestic Workers – “First of Its Kind”

On December 14, 2021, San Francisco’s Board of Supervisors unanimously passed legislation providing domestic workers with paid sick leave – the first of its kind in the United States. The ordinance, called “Domestic Workers’…more

Domestic Workers, Employee Benefits, Employees, Employer Liability Issues, Local Ordinance

See all updates »

Housing in California in 2020: A Look Ahead and a Lesson in Try, Try Again

Indisputably, 2019 was an important year for housing in California. As we noted in our prior blog post, Governor Newsom signed legislation creating statewide rent control, preventing discrimination against people paying rent…more

Affordable Housing, Commercial Property Owners, Governor Newsom, Home Rule States, Housing Market

See all updates »

The Corporate Transparency Act: A Reporting Guide for Medical Groups and MSOs

Congress passed the Corporate Transparency Act (the “CTA”) in 2021 with the aim of enhancing transparency in entity structures and ownership as well as combating terrorism, money laundering, and other forms of corporate…more

Beneficial Owner, Corporate Entities, Corporate Practice of Medicine, Corporate Transparency Act, FinCEN

See all updates »

Some Strings Attached: Main Street Lending Program And Private Company M&A

The Main Street Lending Program, intended to provide credit support to small and medium sized businesses, became operational on July 6, 2020.It includes many borrower-favorable economic terms, including a 5-year term, a low…more

CARES Act, Coronavirus/COVID-19, Libor, Main Street Lending Programs, Paycheck Protection Program (PPP)

See all updates »

San Francisco Ordinance Requires Employers to Provide Paid Public Health Emergency Leave

San Francisco employers will soon be required to comply with an additional Ordinance providing San Francisco-based employees with paid leave during future public health emergencies. In the June 7, 2022 election, San Francisco…more

Coronavirus/COVID-19, Health Care Providers, Infectious Diseases, Labor Code, Local Ordinance

See all updates »

The Next Frontier: Key Takeaways from the New U.S. Government Commercial Space Strategies

The U.S. Government continues to increase its Federal investment in space – not for exploration, but rather as a defense strategy – and this continued investment provides significant opportunity for commercial entities to…more

Commercial Item Determinations, Defense Production Act, Defense Sector, Department of Defense (DOD), Legacy Contracts

See all updates »

Rise of the Machines: How AI is Shaking Up the Music Industry

Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence, or…more

Artificial Intelligence, Copyright, Copyright Infringement, Digital Media, Innovative Technology

See all updates »

Cutting the Cord on Video Privacy Protection Act Claims - The Emerging Non-Consumer Defense

Blockbuster Video may be extinct, but an obscure law designed to protect the privacy of video-tape renters is very much alive—the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, et seq. Enacted in 1988 after The…more

Facebook, Personally Identifiable Information, Privacy Laws, Video Privacy Protection Act

See all updates »

Who’s a Joint Employer Now? New NLRB Rule Drastically Expands Joint Employer Definition

On October 26, 2023, the National Labor Relations Board (the “Board”) released a final rule which vastly broadens the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”) and makes it…more

Employee Definition, Employer Liability Issues, Final Rules, Joint Employers, Labor Reform

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

NLRB Finds Common Provisions in Mortgage Lender Employment Contract Illegal

On January 11, 2024, an administrative law judge for the NLRB issued an opinion holding that the employment agreement used by a major mortgage lender for all of its approximately 6,000 employees violates the National Labor…more

Administrative Law Judge (ALJ), Confidentiality Agreements, Disclosure Requirements, Employees, Employment Contract

See all updates »

Cybersecurity: 36 Questions Every Director Should Ask

Cyber security, data loss, hacking and schemes to steal personal information and assets electronically are all over the news daily. Companies are the primary targets of these actions since they accumulate information, store it…more

Cybersecurity, Data Breach, Data Protection, Hackers

See all updates »

What the FTC’s Noncompete Ban Means for Healthcare

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule banning employers from imposing post-employment noncompete requirements on their workers (the “Final Rule”). The FTC has indicated that it will…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to create…more

California, Employees, Employer Liability Issues, Employment Litigation, Governor Newsom

See all updates »

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court…more

Commercial General Liability Policies, Construction Defects, Construction Industry, Construction Litigation, Construction Project

See all updates »

PFAS in Food Packaging: The Beginning of the End?

Has the final bell rung for PFAS in food packaging? On February 28, 2024, the Food and Drug Administration (FDA) announced that all grease-proofing agents containing per- and polyfluoroalkyl substances (PFAS) “are no longer…more

Food and Drug Administration (FDA), Food Manufacturers, PFAS, Product Packaging, Toxic Chemicals

See all updates »

Statute of Limitations for PPP and EIDL Fraud Extended to Ten Years

On August 5, President Biden signed two bills into law that extend to ten years the statute of limitations for civil and criminal enforcement actions for fraud on the Paycheck Protection Program (“PPP”) and Economic Injury…more

Biden Administration, Coronavirus/COVID-19, Economic Injury Disaster Loans, Extensions, Fraud

See all updates »

Senate Bill Extends and Expands CEQA Streamlining Process

Governor Gavin Newsom recently signed into law Senate Bill (SB) 7, the “Housing + Jobs Expansion & Extension Act”, which extends and expands California Environmental Quality Act (CEQA) streamlining provisions. As previously…more

California, CEQA, Entitlements, Governor Newsom, Land Use Restrictions

See all updates »

DOJ Pilot Program for Whistleblower Rewards: The Latest Unveiling from the ABA’s National Institute on White Collar Crime

While most legal conferences may not be newsworthy, the American Bar Association’s National Institute on White Collar Crime is an exception. Indeed, the federal government’s chief law enforcers seem to treat this particular…more

American Bar Association (ABA), Bribery, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ)

See all updates »

Illinois Proposes Heightened Oversight for Healthcare Transactions

Starting January 1, 2024, healthcare facilities and provider organizations engaging in certain transactions in Illinois, such as mergers and acquisitions, will have new reporting requirements. Illinois recently joined a growing…more

Acquisitions, California, Covered Transactions, Health Care Providers, Healthcare

See all updates »

NEPA Amendments Aim to Streamline Environmental Review but Largely Codify the Status Quo

Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental review by imposing time limits, clarifying the…more

Endangered Species, Environmental Policies, Legislative Agendas, Natural Resources, NEPA

See all updates »

Eye On Privacy: 2021 Year in Review

Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity developments…more

Artificial Intelligence, Auto-Dialed Calls, Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA)

See all updates »

Synthetic USD LIBOR

As market participants prepare to submit comments on the recent proposal of the UK’s Financial Conduct Authority (the “FCA”) (available here) to require the temporary publication of a “synthetic” 1-, 3- and 6-month USD LIBOR,…more

Comment Period, Financial Conduct Authority (FCA), Financial Institutions, FRB, ICE Benchmark Administration (IBA)

See all updates »

Pregnant Employees More Protected Than Ever as the PWFA Goes into Effect and the EEOC Releases Resources, Guidance, and Proposed Regulations

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers…more

Americans with Disabilities Act (ADA), Employees, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

Increase in Regulatory Expense for Debtor-In-Possession Revolving Credit Facilities

The United States Court of Appeals for the Seventh Circuit held that payments made by a debtor’s customers to its lender converting a pre-petition loan to a post-petition loan constituted disbursements for the purposes of…more

Appeals, Bankruptcy Court, Commercial Bankruptcy, Credit Facilities, Creditors

See all updates »

Commercial Division Rolls Out Four New Rules Covering Expert Disclosures, Temporary Restraining Order Requirements, Forum Selection Clauses and Trial Length

Four of the proposed amendments to the Commercial Division Rules, which were discussed in an earlier blog post while the rules were under consideration by the Office of Administration, were adopted over the summer and have now…more

Commercial Court, Disclosure, Forum Selection, Trial Plan, Trial Preparation

See all updates »

2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we introduced…more

Abstract Ideas, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Life Sciences

See all updates »

Statutory Offer To Compromise Void Without Express Acceptance Provision

Mostafavi Law Group, APC v. Larry Rabineau, APC, et al., 2021 WL 803685 (March 3, 2021); Second Appellate District Court of Appeal, Division Four, Case No. B302344 (March 3, 2021)... California Code of Civil Procedure section…more

Cal Code of Civil Procedure, Liability, Litigation Fees & Costs, Offer to Compromise, Section 998

See all updates »

CFPB Issues Letter on TRID Enforcement and Liability

On December 29, 2015, CFPB Director Richard Cordray sent a letter to the president of the Mortgage Bankers Association regarding implementation of the CFPB’s Know Before You Owe mortgage disclosure rule (more commonly known as…more

Consumer Financial Protection Bureau (CFPB), Good Faith, Mortgage Bankers Association, Mortgages, TILA-RESPA Integrated Disclosure Rule (TRID)

See all updates »

Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal-Based Non-Competes

In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off decision…more

Antitrust Provisions, Business Litigation, Buyers, Buying a Business, Employer Liability Issues

See all updates »

NYC Permits Private Right of Action for Earned Safe and Sick Time Violations

Effective as of March 20, 2024, New York City law permits “any person” to initiate a private right of action for violations of the Earned Safe and Sick Time Act (“ESSTA”). The new law amends Section 20-924 of the New York City…more

City of New York, Employee Handbooks, Employees, Employer Liability Issues, Labor Law Violations

See all updates »

SEC Approves Updated Disclosure Requirements

On August 17, 2018, the Securities and Exchange Commission (SEC) approved amendments to certain of its disclosure requirements that have become redundant, duplicative, overlapping, outdated, or superseded, in light of other SEC…more

Amended Regulation, Disclosure Requirements, Financial Reporting, Form 10-K, GAAP

See all updates »

Reminder to Perform Annual ISO/ESPP Reporting in January 2024

As discussed in our December 16, 2010, blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the “Code”) that require employers to annually furnish each employee who exercised…more

Annual Reports, Employee Benefits, Employees, Employer Liability Issues, Filing Deadlines

See all updates »

New York County Commercial Division Decision Highlights the Hurdles Defendants Face in Asserting Fraudulent Inducement Defense to Breach of Contract

A recent decision from New York County Commercial Division Justice Joel M. Cohen highlights the hurdles that defendants face in trying to assert a fraudulent inducement defense to a breach of contract claim. Justice Cohen’s…more

Breach of Contract, Commercial Litigation, Contract Disputes, Discovery, Dispute Resolution

See all updates »

Rise of the Machines: How AI is Shaking Up the Music Industry

Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence, or…more

Artificial Intelligence, Copyright, Copyright Infringement, Digital Media, Innovative Technology

See all updates »

Mixed-Income Market Initiative: NYC’s Attempt to Spur Affordable Housing Development

It is no secret that New York City continues to face an affordable housing crisis. Many experts believe this boils down to a supply problem, yet others remain skeptical. However, a recent Furman Center publication addressed…more

Affordable Housing, City of New York, ICAP, New Legislation, New Rules

See all updates »

New York Courts Continue to Enforce Broad General Releases, Even When Claims are Unforeseeable at the Time of Contract Execution

In Chadha v. Wahedna, 2021 NY Slip Op. 50509(U) (Sup. Ct. N.Y. Cnty. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to…more

Amended Complaints, Appeals, Data Breach, Dismissal With Prejudice, Fiduciary Duty

See all updates »

Breach of FRAND Implications on ITC Exclusion Orders In View of the Public’s Interest

Imagine a scenario where the International Trade Commission (ITC) finds a respondent infringes a standard essential patent (SEP). An SEP that was included in a standard based on a voluntary promise to license it on fair,…more

FRAND, International Trade Commission (ITC), Obama Administration, Patents, Public Interest

See all updates »

Cal/OSHA Publishes Long-Awaited Guidance and Model Workplace Violence Prevention Plan

Starting July 1, 2024, California employers across all industries must have a written Workplace Violence Prevention Plan (“WVPP”) in place. As previously reported, the recently enacted SB 553 established this new requirement,…more

Cal-OSHA, California, Employer Liability Issues, New Guidance, Occupational Injury

See all updates »

Tenant Protection Act (AB 1482) — Compliance Guide

In the fourth quarter of 2019, California Governor Gavin Newsom signed into law a package of housing-related legislation that included 18 individual bills. Within this package, there were a significant number of important…more

Affordable Housing, Eviction, Exemptions, Governor Newsom, Just Cause

See all updates »

Plaintiffs’ Full Refund Theory of Restitution Under California’s Unfair Competition Law Goes Up in Smoke in Latest Tobacco II Opinion

The long saga of In re Tobacco Cases II recently produced yet another appellate opinion addressing California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), and the remedies they provide. This time, in In re…more

Disgorgement, False Advertising, Philip Morris, Restitution, Tobacco Litigation

See all updates »

New IRS Guidance on Section 45Q Carbon Capture and Sequestration Tax Credits: Key Preliminary Takeaways for Potential Market Participants

On February 19, 2020, the IRS published two guidance documents... of significant legal and commercial importance to the nascent market for carbon capture and sequestration production tax credits set forth in Section 45Q of the…more

Carbon Capture and Sequestration, Energy Projects, Equity Investors, Internal Revenue Code (IRC), Investors

See all updates »

States Sue the Biden Administration to Stop Loan Relief Plan

On April 9, 2024, seven states filed suit against the Biden administration in an attempt to block its new “SAVE” plan, an income-driven repayment plan that leads to eventual loan forgiveness. The case is pending in the U.S…more

Biden Administration, Higher Education Act, Loan Forgiveness, Loans, New Guidance

See all updates »

Battling the Robocall Onslaught: The FCC’s Strategic Measures Against AI-Driven Scams

Aiming to curb the use of AI, voice cloning technology in robocall scams, on February 8, 2024, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling prohibiting unsolicited robocalls with voices…more

Artificial Intelligence, Attorney General, FCC, Memorandum of Understanding, Robocalling

See all updates »

Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part II (Infringement and Defense)

Mask Work Infringement - In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for…more

Copyright, Copyright Office, Copyright Registration, Intellectual Property Protection, Patent Infringement

See all updates »

FemTech Meets DiagnosTech: A Discussion with Dierdre O’Neill

Emerging technologies are prompting a revolution in women’s healthcare through advanced diagnostic testing. In the sixth episode of Sheppard Mullin’s Health-e Law Podcast, Deirdre O’Neill, Chief Commercial & Legal Officer at…more

Artificial Intelligence, Compliance, Digital Health, Disclosure Requirements, Emerging Technologies

See all updates »

New Bills Advance California’s Offshore Wind Strategy

With the recent Gulf Auction falling short of expectations and projects on the East Coast faltering, many have adopted a bearish stance on the U.S. offshore wind sector. However, California recently passed two new bills to…more

California, Clean Energy, Energy Projects, Energy Sector, Offshore Wind

See all updates »

CMS Promotes Health Equity through Marketplace Standards and More in New Proposed Rule

On November 24, 2023, the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule to modify certain Patient Protection and Affordable Care Act (“ACA”) standards…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Enrollment, Health Insurance, Healthcare

See all updates »

ALERT: FCC Seeks to Eliminate Digital Discrimination

On November 20, 2023, the Federal Communications Commission (“Commission”) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) adopting final rules to facilitate equal access to broadband and address…more

Broadband, Discrimination, FCC, Infrastructure Investment and Jobs Act (IIJA), Internet Service Providers (ISPs)

See all updates »

Clean Up on Aisle 12! The Obamacare Pop-Up Store is Open but Stocks are Limited

The fifth Open Enrollment period under the Affordable Care Act (ACA) started on November 1st, and will continue for a scant 45 days ending on December 15, 2017. This year, not only has the Open Enrollment been cut in half, but…more

Affordable Care Act, Cost-Sharing, Federal Funding, Health Insurance, Health Insurance Exchanges

See all updates »

Pillars of Due Diligence

Mergers and acquisitions activity is significantly influenced by economic conditions. Factors such as gross domestic product growth, interest rates and market volatility create an undeniable influence on deal volume. When…more

Acquisitions, Buyers, Due Diligence, GAAP, Investors

See all updates »

Dry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements

On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and…more

Commercial Contracts, Conservation, Drought, Force Majeure Clause, State of Emergency

See all updates »

Distressed Acquisitions – Key Considerations

The current COVID-19 pandemic is causing an unprecedented negative impact on businesses around the globe in nearly every sector of the economy. Both the US Government as well as Foreign Governments have and will continue to…more

Acquisitions, Coronavirus/COVID-19, Mergers

See all updates »

Increased Scrutiny into Agents & Brokers in the Medicare Advantage Space

Most Medicare Advantage (“MA”) beneficiaries rely on agents and brokers to help them navigate the complex process of selecting a health plan that will meet their needs. In exchange, brokers and agents received certain fixed…more

Agents, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS), Compensation

See all updates »

New DOL Exemption Rule Requires Two-Step Salary Increases Under FLSA for Exempt Employees

Federal law establishes minimum wage and overtime requirements for non-exempt employees. These rules do not apply to individuals who qualify under the executive, administrative, and professional exemptions in the Fair Labor…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR…more

Business Litigation, Commercial Court, CPLR, Litigation Strategies, Motion to Dismiss

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

CMS Finalizes Federal Minimum Staffing Standards for Nursing Homes

In a long-awaited and controversial Final Rule posted on April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) adopted new federal minimum staffing requirements that will require long-term care facilities to (1)…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Reform

See all updates »

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an individual…more

Biden Administration, Department of Labor (DOL), Employee Definition, Employees, Employer Liability Issues

See all updates »

OHCA Published Near-Final Draft of Regulations Requiring Notice and Review of Material Healthcare Transactions in 2024

In the final days of November, the Office of Health Care Affordability (OHCA) published three updates related to its proposed regulations regarding the review of certain healthcare transactions in California: 1. the finding…more

California, Comment Period, Healthcare, Healthcare Reform, Legislative Agendas

See all updates »

Updated IRS Guidance Addressing COVID-19 Relief Employer Tax Credits

The IRS recently published guidance on the new refundable employment tax credits available under the Families First Coronavirus Response Act (the “FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (the “CARES…more

CARES Act, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), IRS, Tax Credits

See all updates »

Los Angeles County and City Ban Gatherings and Order Immediate Closure of “Nonessential” Businesses in an Effort to Curb COVID-19: What You Need to Know About L.A.’s Safe At Home Orders

On March 19, 2020, Los Angeles County and City officials issued separate orders which significantly restrict public mobility and business operation in Los Angeles in an effort to curtail the spread of the novel…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Health and Safety, Operators of Essential Services

See all updates »

The Next Frontier: Key Takeaways from the New U.S. Government Commercial Space Strategies

The U.S. Government continues to increase its Federal investment in space – not for exploration, but rather as a defense strategy – and this continued investment provides significant opportunity for commercial entities to…more

Commercial Item Determinations, Defense Production Act, Defense Sector, Department of Defense (DOD), Legacy Contracts

See all updates »

Previewing the Gulf of Mexico Offshore Wind Lease Auction

On July 21, 2023, the Bureau of Ocean Energy Management (BOEM) issued a Final Sale Notice (FSN) for offshore wind leases covering three areas on the Outer Continental Shelf (OCS) of the Gulf of Mexico (GOM). The auction will…more

Auction, BOEM, Energy Projects, Energy Sector, Gulf of Mexico

See all updates »

Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain…more

Amateurism Rules, Anticompetitive Behavior, Colleges, Financial Aid, Licenses

See all updates »

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with…more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Consumer Privacy Rights, Cross-Border Transactions

See all updates »

Pharmaceutical Companies Have Rights if the Federal Government Seized their Patents

The Biden administration recently determined that it has the right to seize patents covering certain high-priced medicines, in an apparent effort to take a more aggressive approach to lowering drug prices. See Targeting costly…more

Biden Administration, Drug Pricing, Goods or Services, Patent Litigation, Patents

See all updates »

New Labor Obligations Contained In USMCA Present Risks for Covered Employers

In effect since July 1, 2020, the United-States-Mexico-Canada Agreement (“USMCA”) replaced the North American Free Trade Agreement (“NAFTA”). Although the worldwide COVID-19 pandemic largely overshadowed the effective date of…more

Collective Bargaining, Coronavirus/COVID-19, Corporate Counsel, Covered Employer, Cross-Border Transactions

See all updates »

“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite

On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc., No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid…more

De Novo Standard of Review, Indefiniteness, Patent Invalidity, Patent Litigation, Patents

See all updates »

Artificial Intelligence Highlights from FTC’s 2024 PrivacyCon

This is the second post in a two-part series on PrivacyCon’s key-takeaways for healthcare organizations. The first post focused on healthcare privacy issues. This post focuses on insights and considerations relating to the use…more

Artificial Intelligence, Data Privacy, Data Security, Federal Trade Commission (FTC), Healthcare

See all updates »

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)…more

Beneficial Owner, Corporate Transparency Act, Estate Planning, FinCEN, Irrevocable Trusts

See all updates »

Mixed-Income Market Initiative: NYC’s Attempt to Spur Affordable Housing Development

It is no secret that New York City continues to face an affordable housing crisis. Many experts believe this boils down to a supply problem, yet others remain skeptical. However, a recent Furman Center publication addressed…more

Affordable Housing, City of New York, ICAP, New Legislation, New Rules

See all updates »

California Supreme Court Holds That McDonnell Douglas Standard Should Not Be Used When Evaluating Whistleblower Retaliation Claims

In Lawson v. PPG Architectural Finishes, Inc., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022), the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 should not be…more

CA Supreme Court, California, FEHA, Labor Code, McDonnell Douglas Formula

See all updates »

Hospitality Alert: Quick Facts on the Corporate Transparency Act

Whether you are a hotel owner, operator, or developer, or anyone who has an interest in an LLC, corporation, or limited partnership, you should be aware of your new compliance obligations under the Corporate Transparency Act…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Enforcement, FinCEN

See all updates »

Supreme Court Holds “Pure Omissions” Are Not Actionable Under Rule 10b-5(b)

In Macquarie Infrastructure Corp. v. Moab Partners, No. 22-1165, 2024 WL 1588706 (U.S. Apr. 12, 2024) (“MIC”), the United States Supreme Court (Sotomayor, J.) held unanimously that “pure omissions” in a Securities and Exchange…more

Disclosure Requirements, Enforcement Actions, Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Publicly-Traded Companies

See all updates »

Closing the Loopholes: The Biden-Harris Administration’s Action Against “Junk Insurance”

On March 28, 2024, the Biden-Harris Administration released final rules intended to lower health care costs and protect consumers from being induced into purchasing so-called “junk insurance” policies (the “Final Rules”)…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Health Insurance

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

Supreme Court Eases Burden for Title VII Plaintiffs Challenging Transfer Decisions

On April 17, 2024, the U.S. Supreme Court resolved a decades-old circuit split regarding what amount of harm a plaintiff must demonstrate to bring an employment discrimination claim under Title VII of the Civil Rights Act…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

See all updates »

CFPB and FTC Argue Consumer Reporting Companies Have an Obligation to Correct Errors in Joint Amicus Brief

On March 29, the CFPB and the FTC jointly filed an amicus brief with the Eleventh Circuit in a matter involving a dispute under the Fair Credit Reporting Act. The case involves a consumer who filed disputes with a consumer…more

Amicus Briefs, Class Action, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies

See all updates »

CMS Proposes to Amend Overpayment Rule, Remove Potential Overpayment and False Claims Act Liability for Mere Negligence

The Centers for Medicare and Medicaid Services (“CMS”) has issued a proposed rule which would amend the existing regulations for reporting and returning identified overpayments (the “Proposed Rule”). Specifically, with respect…more

Amended Regulation, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Overpayment, Proposed Rules

See all updates »

Guidance for Trustees During COVID-19 Pandemic

The global health pandemic is a crisis affecting the health and well-being of our citizens, and a financial crisis of unknowable breadth and duration. We are all in crisis to one degree or another and trustees of private trusts…more

Coronavirus/COVID-19, Global Health Issues, New Guidance, Trustees

See all updates »

SEC Shifts Focus on Employees’ Off-Channel Business Communications to Investment Advisers

Over the last year, the U.S. Securities and Exchange Commission (“SEC”) has been laser-focused on the use of personal devices by employees of the large Wall Street banks to conduct company business. The SEC’s investigations have…more

Investment Adviser, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC), Securities Exchange Act of 1934

See all updates »

Common Pitfalls of Appellate Practice

According to Merriam-Webster, a pitfall is a "danger or problem that is hidden or not obvious at first." If you're a lawyer who specializes in appeals, the "hidden problems" in appellate practice we highlight below are obvious,…more

Appeals

See all updates »

AB 1793 Amends Requirements for Contractors to Establish Substantial Compliance With State Contractor Licensing Requirements

On August 30, 2016, Governor Brown signed into law AB 1793, which amends the requirements under Business & Professions Code § 7031 for a contractor to establish “substantial compliance” with state contractor licensing…more

Construction Industry, Construction Project, Contractor's License, Contractor's State License Board, Contractors

See all updates »

CMS Announces Changes to ACO REACH Model

On August 14, 2023, the Centers for Medicare & Medicaid Services (CMS) released guidance on changes to the Accountable Care Organization Realizing Equity, Access, and Community Health (ACO REACH) Model starting in performance…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Health Insurance, Innovation, Medicare

See all updates »

Don’t Spill Your Trade Secrets: Protecting Your Competitive Advantage in the Food and Beverage Industry (Part 2 of 2)

In the race to get new products to market, food and beverage businesses sometimes neglect their critically important intangible assets — their valuable trade secrets. Through advance planning and diligence, businesses in that…more

Beverage Manufacturers, Competition, Food Manufacturers, Intellectual Property Protection, Misappropriation

See all updates »

NYC’s Zoning for Carbon Neutrality is Here to Stay

Over a year ago, New York City Mayor Eric Adams announced the “City of Yes”, a plan to update the City’s zoning tools to support small businesses, create affordable housing, and promote sustainability. On December 6, 2023, the…more

City of New York, Clean Power Plan, Climate Action Plan, Climate Change, Electric Vehicles

See all updates »

Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses

The United States is broadening the scope and diversity of its energy mix at a rate and to an extent not seen in a century, if ever. The changes underway provide both important opportunities and critical challenges for owners…more

Electricity, Energy Sector, FERC, Fossil Fuel, State and Local Government

See all updates »

How High Can It Go? What Private Equity Needs to Know about How Professional Sports Leagues’ Rules Impact Sports Franchise Valuations

If you had invested in a North American sports franchise between 1991- 2022, you would have earned at least a seven-fold return on your investment, bettering the return from the S&P 500 over that period of time by a two-to-one…more

Franchises, Franchisors, Investment, Investors, NFL

See all updates »

What the FTC’s Noncompete Ban Means for Healthcare

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule banning employers from imposing post-employment noncompete requirements on their workers (the “Final Rule”). The FTC has indicated that it will…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

FemTech Meets DiagnosTech: A Discussion with Dierdre O’Neill

Emerging technologies are prompting a revolution in women’s healthcare through advanced diagnostic testing. In the sixth episode of Sheppard Mullin’s Health-e Law Podcast, Deirdre O’Neill, Chief Commercial & Legal Officer at…more

Artificial Intelligence, Compliance, Digital Health, Disclosure Requirements, Emerging Technologies

See all updates »

Activision Files Lawsuit Over the Rights to Use the Word “Warzone” in the Call Of Duty Series

On April 8, 2021, Activision Publishing, Inc. filed a lawsuit against Warzone.com LLC regarding the use of the word marks “Warzone” and “Call of Duty Warzone.” Activision is the publisher of the Call of Duty series of…more

Intellectual Property Protection, IP License, Patent Infringement, Patent Litigation

See all updates »

The Next Frontier: Key Takeaways from the New U.S. Government Commercial Space Strategies

The U.S. Government continues to increase its Federal investment in space – not for exploration, but rather as a defense strategy – and this continued investment provides significant opportunity for commercial entities to…more

Commercial Item Determinations, Defense Production Act, Defense Sector, Department of Defense (DOD), Legacy Contracts

See all updates »

Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, FACTA

See all updates »

What the FTC’s Noncompete Ban Means for Healthcare

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule banning employers from imposing post-employment noncompete requirements on their workers (the “Final Rule”). The FTC has indicated that it will…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules

See all updates »

The Cost Corner: Government Contracts Cost and Pricing – Compensation for Personal Services (Part I)

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The current topic is Federal Acquisition Regulation (FAR) Cost Principles…more

Compensation, Contract Price, DCAA, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although…more

Acquisitions, Amgen v Sanofi, Antitrust Division, Artificial Intelligence, Biden Administration

See all updates »

Upcoming Deadline for California Employers to Report Employee Pay and Hours Worked Data to the DFEH

Pursuant to Government Code Section 12999, employers of 100 or more employees, and at least one California employee, must report pay and hours worked data by establishment, job category, pay band, sex, race, and ethnicity to the…more

DFEH, EEO-1, Employees, Employer Liability Issues, Filing Deadlines

See all updates »

FCA’s “Implied Certification” Theory Survives

We previously reported on the viability of the “implied certification” theory of FCA liability based on oral argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar. We concluded that the…more

Conditions of Payment, Failure To Disclose, False Claims Act (FCA), Federal Pleading Requirements, Implied Certification

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

PFAS As Hazardous Substances: Top 5 Implications For Businesses

The U.S. Environmental Protection Agency (EPA) took an important step toward regulating PFAS (per- and poly-fluoroalkyl substances) on September 6, 2022 when it published a Notice of Federal Rulemaking to begin the process of…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Public Health

See all updates »

Bid Protest Hub – February 2024

In February 2024, the Government Accountability Office (“GAO”) published 26 decisions, five of which were sustained. There was also one denial of costs and one denied request for reconsideration. Below is a summary of February’s…more

Bid Protests, Federal Contractors, Federal Supply Schedule (FSS), GAO, Regulatory Reform

See all updates »

FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion

On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that…more

Broadband, Comment Period, FCC, Pole Attachment Order, Policies and Procedures

See all updates »

New Bills Being Served Up That May Soon Impact Food Retailers and Manufacturers

California’s Legislature has been busy, proposing a number of bills that may affect California food retailers and manufacturers, should they be signed into law. Some could become effective as early as July 2024. Below are the…more

Beverage Manufacturers, California, Food Manufacturers, Legislative Agendas, Proposed Legislation

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

May 1 Brings Another Privacy Law to the Beehive State: The Utah Motor Vehicle Data Protection Act

May 1 is a busy privacy day in Utah, with not only updates to the breach notification and social media platforms and minors laws going into effect, but also a new AI law, and one in the vehicle space. This last, the Utah Motor…more

Automotive Industry, Connected Cars, Consumer Privacy Rights, Data Protection Acts, Privacy Laws

See all updates »

CFPB Announces Update in Continued War on Mortgage Servicing Junk Fees

On April 24, the CFPB released its latest edition of Supervisory Highlights detailing the agency’s actions taken to combat “junk fees” it alleges are charged by mortgage servicers. This spotlight on fees in mortgage servicing…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees

See all updates »

Security Tokens — A Superior Platform for Securities Holding and Trading

The use of digital securities or security tokens has coincided with the explosion of crypto-currencies and efforts to establish Internet-traded coins or tokens with utility as a form of currency. Lost amidst the enthusiasm over…more

Blockchain, Books & Records, Digital Securities, Distributed Ledger Technology (DLT), Securities Act of 1933

See all updates »

Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses

The United States is broadening the scope and diversity of its energy mix at a rate and to an extent not seen in a century, if ever. The changes underway provide both important opportunities and critical challenges for owners…more

Electricity, Energy Sector, FERC, Fossil Fuel, State and Local Government

See all updates »

District Court Elucidates the Meaning of “to Induce” Under the Federal Health Care Program Anti-Kickback Statute

The United States District Court for the Eastern District of Virginia recently dismissed an appeal by the Pharmaceutical Coalition for Patient Access (“PCPA”) that challenged a negative opinion issued by the U.S. Department of…more

Advisory Opinions, Anti-Kickback Statute, Beneficiaries, Department of Health and Human Services (HHS), Healthcare

See all updates »

Nota Bene Episode 51: The Four Fundamentals of a Corporate Governance Crisis with John Tishler

We’ve explored the topic of crisis management in a prior episode but now we turn our attention to how C-Suite members can handle crises when they’re within their own governance structure. What happens when a company’s Board of…more

C-Suite Executives, Corporate Management, Crisis Management, Risk Management

See all updates »

California Counties Mandate Face Coverings & Stricter Requirements for Businesses | Labor & Employment Law Blog

As communities continue to deal with the COVID-19 pandemic and additional guidance is issued by the Centers for Disease Control (“CDC”), more state, county and municipal orders are being issued to combat the spread of the virus…more

California, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Health and Safety

See all updates »

E(U)xterritoriality of EU Sanctions: The No Russia Clause

The EU is going extraterritorial, and it is doing so through private contract. It is a pretty neat trick. As a general rule, EU regulations do not apply extraterritorially. This policy is a bit pointed, intended to stand in…more

Asset Freeze, Buyers, EU, European Commission, Exporters

See all updates »

California Climate Change Legislation, Policy and Regulation – 2023 in Review

As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp of…more

Automotive Industry, California, Clean Air Act, Clean Energy, Climate Action Plan

See all updates »

Key Corporate Tax Aspects of the New Inflation Reduction Act

On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), a sweeping bill with significant tax, energy and healthcare implications..…more

Biden Administration, Corporate Taxes, Covered Entities, Excise Tax, Inflation Reduction Act (IRA)

See all updates »

Nota Bene Episode 106: The Corporate Investor Movement Toward Environmental, Social, and Governmental Policies with Allison Troianos and Ariel Yehezkel

Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental (“ESG”) policies to help mitigate risk, attract quality leadership, and…more

Board of Directors, Environmental Social & Governance (ESG), European Commission, Investment Funds, Investors

See all updates »

Pillars of Due Diligence

Mergers and acquisitions activity is significantly influenced by economic conditions. Factors such as gross domestic product growth, interest rates and market volatility create an undeniable influence on deal volume. When…more

Acquisitions, Buyers, Due Diligence, GAAP, Investors

See all updates »

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule, CMS…more

Agents, Beneficiaries, Biosimilars, Brokers, Centers for Medicare & Medicaid Services (CMS)

See all updates »

SEC Eliminates the Prohibition on General Solicitation for Rule 506 and Rule 144A Offerings

On July 10, 2013, the SEC adopted the amendments required under the JOBS Act to Rule 506 that would permit issuers to use general solicitation and general advertising to offer their securities, subject to certain limitations. In…more

Bad Actors, Dodd-Frank, Felons, General Solicitation, JOBS Act

See all updates »

Organics Advocates Dig In With Ninth Circuit Appeal Challenging Certification for Hydroponics

The decades-long battle over organic certification of hydroponically grown foods is poised for resolution, with the Ninth Circuit Court of Appeals set to decide an appeal by the Center for Food Safety (CFS) in a case that seeks…more

Agricultural Sector, Appeals, Department of Agriculture, Farms, Food Supply

See all updates »

San Diego City Council Approves Union-Friendly Citywide Project Labor Agreement Restricting Most City Construction Projects

On January 30, 2024, the San Diego City Council approved an ordinance implementing Mayor Todd Gloria’s proposal to establish an extensive project labor agreement (“PLA”), which is slated to impose various conditions and…more

Construction Project, DBE Program, Local Ordinance, New Legislation, New Rules

See all updates »

The EU Commission Gets Serious About Foreign Direct Investment Screening

As part of its European Economic Security Package, the European Commission (‘Commission’) has recently proposed a number of legislative proposals and White Papers intended to better protect Europe’s strategic interests..…more

Acquisitions, CFIUS, Corporate Counsel, EU, EU Screening Regulation

See all updates »

Recent Updates to State and Federal Climate Disclosure Laws

Last year, California became the first state to pass laws requiring companies to make disclosures about their greenhouse gas (“GHG”) emissions as well as the risks that climate change poses for their businesses and their plans…more

California, CARB, Climate Change, Disclosure Requirements, First Amendment

See all updates »

Comment Period for “Healthy” Regulations Extended; But Consumer Class Actions Targeting “Health Halos” May Continue

The U.S. Food and Drug Administration (FDA) has extended the comment period for its proposed new “healthy” regulations for food packaging. The new deadline for comments is February 16, 2023. The 50-day extension follows requests…more

Comment Period, Draft Guidance, Food and Drug Administration (FDA), Nutrition Facts Labels, Product Identifiers

See all updates »

Protecting Your Business Against Ransomware Attacks: A Primer

In light of the recent and escalating spate of ransomware attacks in the United States and internationally, the Biden administration has made it a top priority to strengthen the nation’s resilience against cyberattacks. Although…more

Best Practices, Biden Administration, Business Plans, Cyber Attacks, Cybersecurity

See all updates »

The EU Foreign Subsidies Regulation: New Rules for All Companies Active in the EU

On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958. The European Commission (the…more

Competition, Corporate Counsel, EU, FCC, Foreign Subsidiaries

See all updates »

New Interim Final Rules Re: PPP Loan Forgiveness Requirements and Review Procedures as Amended by Economic Aid Act

On January 19, 2021, the U.S. Small Business Administration (SBA) published its 28th Interim Final Rule (Forgiveness IFR) covering the loan forgiveness requirements and review procedures for the Paycheck Protection Program, as…more

Applications, CARES Act, Coronavirus/COVID-19, Economic Aid Act, Interim Final Rules (IFR)

See all updates »

Common Pitfalls of Appellate Practice

According to Merriam-Webster, a pitfall is a "danger or problem that is hidden or not obvious at first." If you're a lawyer who specializes in appeals, the "hidden problems" in appellate practice we highlight below are obvious,…more

Appeals

See all updates »

Increased Scrutiny into Agents & Brokers in the Medicare Advantage Space

Most Medicare Advantage (“MA”) beneficiaries rely on agents and brokers to help them navigate the complex process of selecting a health plan that will meet their needs. In exchange, brokers and agents received certain fixed…more

Agents, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS), Compensation

See all updates »

The Second U.S. NFT Property Is Ready To be Auctioned

Propy has announced that the second U.S. NFT-backed property (see our blog about the first NFT sale here in which we discussed blockchain technology, and specifically how the sale works) is set to be auctioned, with a starting…more

Blockchain, Buyers, Non-Fungible Tokens (NFTs), Popular, Property Owners

See all updates »

New York Court of Appeals Rules in Favor of Insurers on COVID Coverage

Our February 2023 post “The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses” left readers wondering whether the New York Court of Appeals would uphold the First Department’s…more

Appeals, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Insurance Industry

See all updates »

NIGC Issues New Guidance on Financing Document Reviews and Declination Letters

The National Indian Gaming Commission (“NIGC”) issued guidance this week for tribes and tribal lenders who submit loan documents to the NIGC for a so-called “declination letter.” Bulletin No. 2021-4, “Submission of Loan…more

Borrowers, Declination, Financing, Gaming Revenues, Lenders

See all updates »

FTC Votes to Ban Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open…more

Employees, Employer Liability Issues, Employment Contract, Exemptions, Federal Bans

See all updates »

The CPPA Signals Focus on Data Minimization and Consumer Requests

Earlier this month, the California Privacy Protection Agency (CPPA) issued its first-ever enforcement advisory (No. 2024-01). The advisory addresses what it calls the “foundational principle” of data minimization, and more…more

California, California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Consumer Requests, Data Management

See all updates »

China Semiconductor Export Regulations, Episode V – Updates and Corrections to the Advanced Computing and Semiconductor Regulations

On March 29, 2024, BIS issued an interim final rule (IFR) updating and correcting its advanced computing and semiconductor regulations published in October 2023 (which we discuss here in Episode III). This marks the third…more

Bureau of Industry and Security (BIS), China, End-Users, Export Controls, Exports

See all updates »

Insurers Owe No Coverage for COVID-19 Related Business Interruption Losses Under Commercial Property Policies Insuring “Direct Physical Loss of or Damage to Property”

Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state and local authorities issued orders limiting…more

Business Interruption, California, Coronavirus/COVID-19, Damages, Insurance Claims

See all updates »

Mergers & Acquisitions Insights: Perspectives from the Boardroom and C-Suite

Kandace Watson, Corporate M&A Partner, Sheppard Mullin, and Michael-Bryant Hicks, a seasoned EVP, General Counsel & Corporate Secretary recently discussed mergers and acquisitions perspectives from the Boardroom and C-Suite…more

Acquisitions, Board of Directors, Buyers, C-Suite Executives, Corporate Counsel

See all updates »

[Webinar] Recent Trends In Securities Class Actions - October 24th, 10:00 am - 10:45 am PT

This presentation will review recent trends surrounding securities class action cases, including the impact on public companies, the industries being targeted the most, the factors most likely to trigger a lawsuit, recent…more

Class Action, Continuing Legal Education, Publicly-Traded Companies, Securities Litigation, Securities Regulation

See all updates »

One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi

The tension between encouraging free and fair competition and protecting competitive advantages derived from hard work and ingenuity is at the very heart of trade secrets law. Among other things, this tension manifests itself in…more

Defend Trade Secrets Act (DTSA), Employees, Employer Liability Issues, Employment Litigation, Former Employee

See all updates »

SEC Proposal to Modernize Financial Disclosure Requirements in Regulation S-K

The Securities and Exchange Commission (the “SEC”) recently proposed amendments to modernize and simplify specific financial disclosure requirements in Regulation S-K as part of the SEC’s Disclosure Effectiveness Initiative. The…more

Corporate Governance, Disclosure Requirements, Financial Statements, MD&A Statements, Proposed Amendments

See all updates »

Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess more…more

CFIUS, Civil Monetary Penalty, Foreign Investment, Investors, National Security

See all updates »

Federal Circuit Vacates District Court’s Claim Construction of the Term “Pipette Guiding Mechanism”

In Malvern Panalytical Inc. v. TA Instruments-Waters LLC, the Federal Circuit addressed the proper construction of the claim term “pipette guiding mechanism.” Specifically, the Federal Circuit found the plain and ordinary…more

Claim Construction, Intrinsic Evidence, Patent Litigation, Patents, USPTO

See all updates »

To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes

Most employers are expected to pass on the IRS’ offer to temporarily delay collecting Social Security taxes. For background, both employers and employees are generally required to pay a Social Security tax at a flat rate of 6.2%…more

CARES Act, Coronavirus/COVID-19, Employees, Employer Liability Issues, IRS

See all updates »

SEC Adopts Amendments Regarding Insider Trading Plans and Related Disclosures

On December 14, 2022, the Securities and Exchange Commission (the “SEC”) adopted amendments to modernize Rule 10b5-1 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and add new disclosure requirements…more

10b5-1 Plans, Cooling-Off Rule, Corporate Governance, Disclosure Requirements, Final Rules

See all updates »

FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion

On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that…more

Broadband, Comment Period, FCC, Pole Attachment Order, Policies and Procedures

See all updates »

A Landlord’s Guide to Assistive Animals

With the surge of return to work policies cropping up through out the US, we have received an uptick of landlord inquiries about pets and animals in leased spaces. While it is a landlord's prerogative to prohibit pets in their…more

Americans with Disabilities Act (ADA), Assistive Animals, Landlords, Pets, Policies and Procedures

See all updates »

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ]…more

First Amendment, Injunctions, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion

See all updates »

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and…more

Advertising, Brand, Celebrity Endorsements, Disclosure Requirements, Endorsements

See all updates »

China Semiconductor Export Regulations, Episode V – Updates and Corrections to the Advanced Computing and Semiconductor Regulations

On March 29, 2024, BIS issued an interim final rule (IFR) updating and correcting its advanced computing and semiconductor regulations published in October 2023 (which we discuss here in Episode III). This marks the third…more

Bureau of Industry and Security (BIS), China, End-Users, Export Controls, Exports

See all updates »

Captain’s Blog: Fly Me To The Moon

On October 13, 2021, William Shatner (aka, Captain Kirk from Star Trek) flew where few have gone before, taking a ten minute jaunt to the edge of outer space. The successful flight comes on the heels of other highly-publicized,…more

Aerospace, Aviation Industry, Federal Aviation Administration (FAA), Informed Consent, Jurisdiction

See all updates »

DC Joins the Wage Transparency Movement

The District of Columbia will soon require employers to disclose pay ranges in job postings after Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 into law on Friday January 12, 2024. When it goes…more

Compensation, Disclosure Requirements, Employee Benefits, Employees, Employer Liability Issues

See all updates »

D.C. Circuit Allows FCC To Open 6 GHz Band For Unlicensed Use

On December 28, 2021, the U.S. Court of Appeals for the D.C. Circuit affirmed the Federal Communications Commission’s (“FCC’s” or “Commission’s”) authority to permit unlicensed wireless devices, such as internet routers, smart…more

Appeals, FCC, Wireless Devices

See all updates »

People of California v. City of Huntington Beach Case Review

Last week the Office of the Attorney General demonstrated the State of California’s unwillingness to cede its enforcement of state housing laws even in the face of defiance from local governments. On April 10, in People of…more

California, City Planning Departments, Entitlements, Land Developers, Local Ordinance

See all updates »

HHS & DOJ FY 2022 Enforcement Targeted Fraud in COVID-19, Telemedicine, Opioid and Prescription Drugs, and Substance Use Treatment Centers, Among Other Initiatives

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) recently released its “Health Care Fraud and Abuse Control Program Annual Report for Fiscal Year 2022” (the “Report”), highlighting continued…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Justice (DOJ), Fraud, Fraud and Abuse

See all updates »

Sheppard Submits Comments to Main Street Loan Program

On Thursday April 16, Sheppard Mullin submitted comments to the Federal Reserve about its terms sheets for the $600 Billion Main Street Loan Program. These comments raise and explore numerous important questions that the Fed and…more

Coronavirus/COVID-19, Federal Loans, Main Street Lending Programs, Relief Measures

See all updates »

What You Need to Know about Acqui-Hires

The term “Acqui-hire” is commonly used to describe an M&A transaction where the buyer is predominantly interested in acquiring key employees of the target and not specifically the underlying business and/or assets. This type of…more

Acquisitions, Buyers, Corporate Governance, Employees, Employer Liability Issues

See all updates »

USPTO Announces a New Initiative to Expedite Examination of COVID-19 Related Patent Applications

The USPTO has authorized an initiative to prioritize examination of patent applications having COVID-19 uses that would require FDA approval. A pilot program only for small and micro entities has been implemented effective…more

Coronavirus/COVID-19, FDA Approval, Food and Drug Administration (FDA), Patent Applications, Patent Examinations

See all updates »

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day…more

Attorney's Fees, Damages, Inverse Condemnation, Jury Verdicts, Oregon

See all updates »

Share The Tip Jar: Department of Labor Finalizes Rule Opening Tip Pooling To Back-of-the-House Workers

On December 22, 2020, the U.S. Department of Labor (DOL) issued its final rule modifying federal regulations concerning compensation for “tipped employees.” The new final rule follows 2018 federal legislation, which amended the…more

Department of Labor (DOL), DLSE, Fair Labor Standards Act (FLSA), Final Rules, Labor Code

See all updates »

Egregious Abuse of the PTAB Process Leads to Adverse Decision Sanctions in IPR Proceeding

In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, canceling all challenged claims of its five…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Supreme Court Eases Burden for Title VII Plaintiffs Challenging Transfer Decisions

On April 17, 2024, the U.S. Supreme Court resolved a decades-old circuit split regarding what amount of harm a plaintiff must demonstrate to bring an employment discrimination claim under Title VII of the Civil Rights Act…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

See all updates »

Nota Bene Episode 106: The Corporate Investor Movement Toward Environmental, Social, and Governmental Policies with Allison Troianos and Ariel Yehezkel

Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental (“ESG”) policies to help mitigate risk, attract quality leadership, and…more

Board of Directors, Environmental Social & Governance (ESG), European Commission, Investment Funds, Investors

See all updates »

$2.3 Million Trial Verdict Against Newegg

On November 25, 2013, the jury in TQP Development, LLC v. 1-800-Flowers.com, et al., U.S.D.C., E.D. Tex., No. 2:11-cv-00248-JRG-RSP, returned a $2.3 million verdict for plaintiff TQP Development, LLC (“TQP”) against Newegg, Inc…more

Jury Verdicts, Patent Infringement, Patent Litigation, Patents

See all updates »

Solving for Physician Burnout: Creating a Culture of Psychological Safety

Our clients report that addressing and preventing burnout for their physicians and other caregivers continues to be a critical priority in the aftermath of the pandemic. Healthcare organizations need high functioning, engaged…more

Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform, Mental Health

See all updates »

Petitioner Failed to Establish Standing in IPR Appeal

Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its…more

Inter Partes Review (IPR) Proceeding, Patent Applications, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

See all updates »

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities and Employers of Unpaid Student Interns

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate…more

College Athletes, Colleges, Department of Labor (DOL), Employee Definition, Employees

See all updates »

The Corporate Transparency Act: Which Business Entities are Impacted and What is Required

Beginning on January 1, 2024, the Corporate Transparency Act (the “CTA”) requires each domestic and foreign entity that qualifies as a “reporting company” to file a Beneficial Ownership Information Report (“BOIR”) with the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

California Court of Appeal Makes Clear that PAGA Plaintiffs are not Entitled to a Jury Trial and Provides Helpful Guidance on Suitable Seating Claims

On February 18, 2022, the California Court of Appeal issued its decision in Jill LaFace v. Ralphs Grocery Company, __ Cal. App. 5th __ (2022), that provides important guidance in two areas. First, the Court made clear that…more

Appeals, California, Employees, Employer Liability Issues, Employment Litigation

See all updates »

The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is…more

Appeals, ATDS, Auto-Dialed Calls, Class Action, Prior Express Consent

See all updates »

IVF Caught in the Crosshairs: The Aftermath of the LePage Decision

I. Alabama Legislation Following LePage - On March 7th, the Alabama Legislature passed SB159 (“SB159” or the “bill”), as a means of granting certain protections to IVF clinics and providers in the wake of the LePage v. Center…more

AL Supreme Court, Alabama, Dobbs v. Jackson Women’s Health Organization, Fertility Treatments, Health Care Providers

See all updates »

Federal Judge in NY Issues Preliminary Injunction to Block Retail Cannabis Licenses on Constitutional Grounds

On November 10, 2022, in the matter Variscite NY One, Inc. v. State of New York, et al., the U.S. District Court for the Northern District of New York granted the plaintiff’s a motion for a preliminary injunction against the…more

Business Licenses, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Licensing Rules

See all updates »

Dairy, LLC v. Milk Moovement, Inc.: Identifying Software Trade Secrets With Particularity to State a Claim for Trade Secret Misappropriation

A recent decision from the Eastern District of California illustrates the sometimes fine line between the need for plaintiffs to allege a claim for trade secret misappropriation in sufficient detail, while avoiding disclosing…more

Defend Trade Secrets Act (DTSA), Federal Rule 12(b)(6), Misappropriation, Software, Trade Secret Privilege

See all updates »

Planning for an M&A Transaction: Key commercial terms to look-out for

When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties…more

Acquisition Agreements, Acquisitions, Closing Documents, Due Diligence, Gaming

See all updates »

Kansas Enacts Earned Wages Access Law

On April 19, less than a month after Wisconsin’s enacted legislation, Kansas has followed suited by enacting comprehensive earned wages access legislation. Kansas’ law is set to take effect immediately upon publication…more

Commercial Loans, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Financial Institutions, Financial Regulatory Reform

See all updates »

Amendment to China’s Company Law (1): Contribution of Capital and Authorized Capital Concept

China’s Company Law was initially enacted in 1993, and was subsequently amended in 1999, 2004, 2013, 2018, and 2005. On December 29, 2023, the Standing Committee of the National People’s Congress approved a comprehensive…more

Board of Directors, China, Company Law, Corporate Governance, Foreign Investment

See all updates »

The Save Our Stages Act – Time for Eligible Businesses to Get Ready for Their Audition (Part 1 of 2)

Among the various bills that were amalgamated in the Consolidated Appropriations Act, 2021 (the omnibus appropriations and stimulus funding bill that was signed into law on December 27, 2020) was a modified version of the Save…more

Consolidated Appropriations Act (CAA), Federal Grants, SBA, Venue

See all updates »

Recent Updates to State and Federal Climate Disclosure Laws

Last year, California became the first state to pass laws requiring companies to make disclosures about their greenhouse gas (“GHG”) emissions as well as the risks that climate change poses for their businesses and their plans…more

California, CARB, Climate Change, Disclosure Requirements, First Amendment

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide