Sheppard Mullin Richter & Hampton LLP

Four Takeaways from the Orthopedics Today Conference 2025

Sheppard Mullin partners, Cyrus Abbassi and Leonard Lipsky, served as panelists at the annual Orthopedics Today Conference in Kauai, Hawaii, held in January 2025. During a spirited discussion with various stakeholders in the…more

Acquisitions, Health Care Providers, Healthcare, Investment, Investors

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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

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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

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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

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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

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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

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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

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Inline for a New Trial

Inline Plastics Corp. (“Inline”) filed a lawsuit against Lacerta Group, LLC (“Lacerta”), alleging infringement of several patents related to tamper-resistant containers and methods of making such containers using thermoformed…more

Appeals, Attorney's Fees, Dismissals, Lack of Authority, Nonobvious

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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

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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

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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

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How Far Do They Reach? Four Issues Entities Should Consider When Analyzing the Trump Administration Executive Orders Related to Diversity, Equity, and Inclusion

The Trump Administration Executive Orders related to Diversity, Equity, and Inclusion (“DEI”), Executive Order 14170 (Reforming the Federal Hiring Process and Restoring Merit to Government Service) and Executive Order 14173…more

Colleges, Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA), Federal Acquisition Regulations (FAR)

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Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

The sufficiency of evidence required to support a denial of a motion for judgment as a matter of law and a motion for a new trial for infringement, willful infringement, and damages…more

Damages, Intellectual Property Protection, Motion for JMOL, Noninfringement, Patent Infringement

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In With the “Old,” Out With the “New”: Second Trump Administration Will Usher in Significant Changes at the EEOC, DOL and NLRB

The election is over and a second Trump administration will begin in January 2025 (“Trump Administration”). Numerous changes to the employment law landscape will come with it. And if past is prologue, many of these changes will…more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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SuperValu Wins False Claims Act Case with a “No Harm, No Foul” Jury Verdict

On March 5, 2025, SuperValu, Inc. (SuperValu), a grocery store chain that operates in-store pharmacies, was cleared of liability by a Central District of Illinois federal jury—finally quashing whistleblower claims that the…more

Damages, False Claims Act (FCA), Fraud, Government Agencies, Healthcare Fraud

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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

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[Webinar] Construction Issues Impacting the Energy Industry - September 18th, 11:00 am - 12:00 pm PT

In the dynamic landscape of the renewable energy sector, understanding the intricacies of payment and performance bonds, mechanic’s liens, and dispute resolution may be pivotal to your project’s success. Join us for a two-part…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Energy Projects

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Bridging the Gap: Cannabis Rescheduling to Align Policy with Research

In a much-anticipated move, sources recently reported that the Drug Enforcement Administration (“DEA”) will recommend rescheduling cannabis from a Schedule I substance to a Schedule III substance under the federal Controlled…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Classification, Controlled Substances, Controlled Substances Act

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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

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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

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Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are…more

Administrative Law Judge (ALJ), Ambiguous, Chevron Deference, Employer Liability Issues, Employment Litigation

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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

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IRS Audits & Ongoing Scrutiny of Nonprofit Hospitals – Key Background & Action Steps

The IRS is underway with conducting audits of 35 §501(c)(3) hospitals, which it announced in June 2024, with a particular focus on “community benefit.” Targeted hospitals appear to be those who reported low community benefit…more

501(c)(3), Audits, IRS, Non-Profit Hospitals, Regulatory Requirements

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The Federal Circuit Affirms Deterrence Sanctions

The Federal Circuit affirmed a district court’s award of sanctions for bad faith against a plaintiff’s conduct based on the meritless nature of several lawsuits filed in incorrect venues…more

Appeals, Design Patent, Federal Rules of Civil Procedure, Jurisdiction, Patent Infringement

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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

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Things to Keep in Mind for Your Annual Report on Form 10-K and Proxy Statement

We invite you to read our latest client alert to assist in the preparation of your 10-K and 2025 annual meeting proxy statement. This alert highlights new disclosure requirements, hot topics and regulatory enforcement actions…more

Compliance, Disclosure Requirements, Enforcement Actions, Financial Reporting, Form 10-K

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Alright, Alright, A Write-Off: Matthew Mcconaughey’s Push for Texas Film Tax Incentives

Texas has long been a hub for film and television production, offering diverse landscapes, a rich cultural backdrop, and some real characters. Back in 2007 the state implemented the Texas Moving Image Industry Incentive Program,…more

Corporate Taxes, Economic Development, Entertainment Industry, Movies, New Legislation

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PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former employees.”…more

Appeals, Arbitration Agreements, Binding Arbitration, California, Class Action

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PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former employees.”…more

Appeals, Arbitration Agreements, Binding Arbitration, California, Class Action

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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

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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

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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

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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)

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Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be Proved Under Virginia Trade Secrets Law

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led to…more

Appeals, Misappropriation, Reversal, Trade Secrets, VA Supreme Court

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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

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AI is Changing the Real Estate Industry. How Will It Impact Your Business?

As we stand on the cusp of transformation in the commercial real estate industry, one cannot help but recall the sage words: “With great power comes great responsibility.” In an era marked by technological advancements occurring…more

Artificial Intelligence, Automated Systems, Commercial Real Estate Market, Predictive Analytics, Real Estate Market

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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)

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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

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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

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2024 In Review: California Climate Change Legislation, Policy and Regulation

As we enter 2025 amid the devastating Los Angeles fires and with a new presidential administration, we continue our series of yearly reviews of the most significant governmental actions taken by the state of California relevant…more

California, Clean Energy, Climate Change, Electric Vehicles, Energy Policy

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Immigration Enforcement and Healthcare Facilities: Key Considerations for Providers

Recent changes in federal immigration enforcement practices have prompted renewed attention to how healthcare providers manage requests from law enforcement agencies. While federal policy continues to recognize healthcare…more

Enforcement Actions, Health Insurance Portability and Accountability Act (HIPAA), Healthcare Facilities, Hospitals, Immigration Enforcement

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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

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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

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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)

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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)

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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

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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

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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

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The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a Third-Party Bodily Injury Claim

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999 et…more

Bodily Injury, California, Discovery, Evidence, Insurance Claims

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The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the…more

Abusive Acts, Disciplinary Proceedings, Employee Misconduct, Employees, Employer Liability Issues

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Healthy AI: 2024 Year in Review

On October 30, 2023, President Biden signed Executive Order 14110, laying the groundwork for the ethical and secure deployment of AI across industries, including healthcare. This comprehensive directive outlines policy goals to…more

Artificial Intelligence, Biden Administration, Cybersecurity, Data Privacy, Department of Health and Human Services (HHS)

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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

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State Antitrust Enforcement Roundup: New Laws; New Potential Legislation; and New (and Broader) Areas of Focus

The number of U.S. states implementing or considering new antitrust laws (or supplementing existing laws) targeting proposed transactions continues to grow. As detailed in our healthcare merger matrix, many states have focused…more

Acquisitions, Antitrust Provisions, Healthcare, Mergers, New Legislation

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CFPB Announces Plans to Regulate Nonbank Personal Loan Providers

On January 8, the CFPB announced its intent to pursue rulemaking that would allow the agency to oversee nonbank personal loan lender. The announcement came in response to a petition filed in September 2022 by the Consumer…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Consumer Protection Laws, Enforcement Actions

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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

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What Do Employers Need to Know About the New DHS Alien Registration Requirement?

As further implementation of the January 20, 2025 Executive Orders, DHS recently published an interim final rule regarding the requirement that certain non-citizens register with the U.S. Department of Homeland Security (DHS)…more

Department of Homeland Security (DHS), Employer Responsibilities, Executive Orders, Filing Requirements, Foreign Workers

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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)

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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

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Navigating the Evolving Pharmacy Landscape in 2025: Challenges, Opportunities and Innovations

As we stride further into 2025, the pharmacy industry faces a landscape teeming with challenges and opportunities. From tackling drug price transparency to juggling implementation of artificial intelligence, the industry is…more

Artificial Intelligence, Drug Pricing, Executive Orders, Healthcare, Healthcare Reform

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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)

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Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union employees…more

California, Constitutional Challenges, Employees, Employment Litigation, First Amendment

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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

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SEC to Expand Confidential Filing Privileges

The U.S. Securities and Exchange Commission (SEC) has announced significant changes to its confidential filing procedures, aiming to support capital formation and provide greater flexibility for companies planning public…more

Capital Formation, Confidential Information, Disclosure Requirements, Filing Requirements, Initial Public Offering (IPO)

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A Roadmap for Export Controls? Project 2025 and the Future of U.S. Exports – Part II

The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and…more

Bureau of Industry and Security (BIS), China, Export Administration Regulations (EAR), Export Controls, National Security

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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

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FDA’s Semaglutide Shortage Resolution: Legal Implications and Risks for Compounding Pharmacies

Last month, the U.S. Food and Drug Administration (the “FDA”) announced in a Declaratory Order the resolution of the shortage of semaglutide injection products Wegovy and Ozempic (the “February Declaratory Order”). On March…more

Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Care Providers, Patent Litigation

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Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s challenge…more

Administrative Procedure Act, Appeals, Constitutional Challenges, Employment Litigation, Hiring & Firing

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[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

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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

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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

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Artificial Intelligence Infiltrating Healthcare in Illinois and its Effects on Insurers

On November 25, 2024, the Illinois State Legislature introduced House Bill 5918 IL HB5918, the Artificial Intelligence Systems Use in Health Insurance Act (“AI Act”). It provides the Illinois Department of Insurance (the…more

Administrative Procedure Act, Artificial Intelligence, Health Insurance, Healthcare, Healthcare Reform

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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

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SEC Withdraws from Prominent Crypto Enforcement Amid Regulatory Shift

Just over one month into the second Trump Administration, the crypto industry appears poised to notch yet another victory in its longstanding tug-of-war with regulators — perhaps its most significant to date. On February 21,…more

Blockchain, Compliance, Cryptocurrency, Digital Assets, Enforcement Actions

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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

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Artificial Intelligence Infiltrating Healthcare in Illinois and its Effects on Insurers

On November 25, 2024, the Illinois State Legislature introduced House Bill 5918 IL HB5918, the Artificial Intelligence Systems Use in Health Insurance Act (“AI Act”). It provides the Illinois Department of Insurance (the…more

Administrative Procedure Act, Artificial Intelligence, Health Insurance, Healthcare, Healthcare Reform

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DOJ Announces 90-Day Grace Period for Companies to Comply with New Data Security Rules on Foreign Adversary Access to U.S. Sensitive Data

The U.S. Department of Justice (DOJ)’s new data security rule went into effect April 8, 2025. The rule creates what are effectively export controls and requires companies to take measures to prevent U.S. sensitive personal and…more

China, Compliance, Data Security, Department of Justice (DOJ), Due Diligence

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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

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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

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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

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Wearable Technologies and Employment Risks – EEOC Issues New Guidance

From smart watches to exoskeletons, wearable technologies are quickly changing the landscape of the American workplace. Several states and administrative agencies have responded to this shift by enacting new laws and issuing…more

Americans with Disabilities Act (ADA), Data Privacy, Data Security, Employer Liability Issues, Employment Discrimination

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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

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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

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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

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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)

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Federal Circuit Highlights the Importance of Separating Claim Construction and Infringement Analysis When Dealing with After-Arising Technology

Novartis Pharmaceuticals Corporation v. Torrent Pharma Inc., No. 23-2218 (Fed. Cir. 2025) — On January 10, 2025, the Federal Circuit reversed the district court’s opinion that claims of a Novartis patent are invalid for lack of…more

Appeals, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these issues…more

Acquisitions, Breach of Contract, CFIUS, Contract Disputes, Contract Terms

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The Impact of Trump’s Tariffs on the Wine Industry: Past and Future

The wine industry faced significant challenges due to tariffs imposed by President Trump’s first administration. During the presidential campaign, and since his election on November 5, 2024, President Trump has made it clear…more

EU, Imports, International Trade, Supply Chain, Tariffs

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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

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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

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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

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What Should Contractors and Grant Recipients do in Response to the DEI Executive Orders?

In Part 1 of our blog series, we outlined the Trump Administration’s new Executive Orders (“EOs”) on Diversity, Equity, Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs, and the current…more

Affirmative Action, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders

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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

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[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

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Acting Now to Sustain and Improve America’s Healthcare System: Advice from Innovative Physicians and Health System Leaders

At last week’s America’s Physician Groups Spring conference in San Diego, California, we listened as physicians and health system leaders described the ways in which they are responding to short and long term challenges to the…more

Health Care Providers, Healthcare, Physicians, Professional Conferences, Technology

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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

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You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant costs…more

Clawbacks, Employees, Employer Liability Issues, Employment Contract, Fees

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State Antitrust Enforcement Roundup: New Laws; New Potential Legislation; and New (and Broader) Areas of Focus

The number of U.S. states implementing or considering new antitrust laws (or supplementing existing laws) targeting proposed transactions continues to grow. As detailed in our healthcare merger matrix, many states have focused…more

Acquisitions, Antitrust Provisions, Healthcare, Mergers, New Legislation

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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)

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2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed…more

Acquisitions, Anti-Kickback Statute, Artificial Intelligence, Cannabis Products, Clinical Trials

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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

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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

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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)

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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

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State and Local Executive Orders Suspend Time-Consuming Permitting and Review Requirements for Rebuilding Los Angeles

In light of the ongoing devastation wrought by the numerous wildfires plaguing Los Angeles County, California Governor Gavin Newsom has declared a state of emergency and taken immediate action in an attempt to allow Angelenos to…more

California, CEQA, Environmental Policies, Executive Orders, Housing Developers

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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

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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

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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)

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Promising Decision in Wiretapping Case, Win for Businesses

Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the…more

California, CIPA, Data Collection, Electronic Monitoring, Invasion of Privacy

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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)

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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

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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

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Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action…more

Affirmative Action, Civil Rights Act, Department of Labor (DOL), Discrimination, Diversity

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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

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“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

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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

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Delaware Enacts Sweeping Changes to the Delaware General Corporation Law

On March 25, 2025, the governor of Delaware signed into law Senate Bill 21, over much opposition from the plaintiffs’ bar and some academics. The bill, which amends Sections 144 and Section 220 of the Delaware General…more

Acquisitions, Books & Records, Controlling Stockholders, Corporate Governance, Delaware

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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)

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Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright

In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an…more

Administrative Procedure Act, Ambiguous, Chevron Deference, Chevron v NRDC, Consumer Financial Protection Bureau (CFPB)

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Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation

In Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. August 13, 2024), the Federal Circuit reversed the District Court of Delaware’s invalidity determination of certain claims of U.S. Patent No…more

Appeals, Double Patent, Intellectual Property Protection, Obviousness, Obviousness-Type Double Patenting (ODP)

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Vax On: Fourth Circuit Reinstates Plaintiff’s Religious Bias Suit in COVID Vaccine Mandate Case

On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to…more

Appeals, Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination

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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

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CMS Issues CY 2026 Medicare Advantage and Part D Final Rule

On April 4, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the contract year (“CY”) 2026 final rule for the Medicare Advantage (“MA”) program, Medicare Prescription Drug Benefit Program (“Part D”), Medicare…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Healthcare, Healthcare Reform

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[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

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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)

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Congress Reintroduces the NO FAKES Act with Broader Industry Support

Congress has reintroduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act— a bipartisan bill designed to establish a federal framework to protect individuals’ right of publicity. As previously…more

Artificial Intelligence, Copyright, Entertainment Industry, Intellectual Property Protection, Legislative Agendas

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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

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The Trump Administration’s Diversity, Equity, and Inclusion (DEI) Executive Orders: A Brief Primer

The first 100 days of President Trump’s second term have been action-packed with the President issuing 43 Executive Orders within hours of his inauguration – and an additional 46 that soon followed. Two Executive Orders in…more

Affirmative Action, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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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

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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

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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

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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

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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

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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

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CMS to Withdraw Federal Medicaid Match for Workforce, Social Needs, and Infrastructure: What States, Health Care Providers and Community Organizations Need to Know

In a move signaling a major shift in federal priorities, the Centers for Medicare & Medicaid Services (“CMS”) recently announced it will limit federal funding for state Medicaid initiatives that support services beyond direct…more

Centers for Medicare & Medicaid Services (CMS), Federal Funding, Health Care Providers, Healthcare, Healthcare Facilities

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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

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No Move to Greener Pastures: Texas Business Court Holds Parties May Not Remove Pre-September 1, 2024 Cases to New Court System

In a significant early ruling, one of Texas’s newly established Business Courts addressed a key procedural question: whether pre-existing cases may be removed to the specialized forum. Judge Bill Whitehill’s October 30, 2024…more

Business and Property Courts, Commercial Litigation, Dispute Resolution, Legislative Agendas, Litigation Strategies

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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

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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

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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

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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)

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Appraisal of Amount of Loss is a Predicate to Article III, Injury-In-Fact Standing for a Suit Alleging Wrongful Withholding of Policy Benefits

50 Exchange Terrace LLC suffered losses from frozen burst pipes that caused water damage to its property and tendered a claim to its insurer, Mount Vernon Specialty Insurance Company. The parties disputed the cost of repairs…more

Appraisal, Article III, California, Damages, Injury-in-Fact

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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

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Update: Governor Newsom Vetoes California’s AB 3129 Targeting Healthcare Private Equity Deals

On September 28, 2024, Governor Newsom vetoed Assembly Bill No. 3129 (AB 3129), which would have required private equity groups and hedge funds to obtain the Attorney General’s written consent at least 90 days prior to…more

California, Governor Newsom, Governor Vetoes, Health Care Providers, Healthcare

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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

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ALERT: Delete, Delete, Delete—FCC Calls for Comment on Which Rules Should be Eliminated

On March 12th, 2025, the Federal Communications Commission (“FCC”) issued a Public Notice (“Notice”) seeking comment on which FCC rules should be repealed or modified to alleviate “unnecessary regulatory burdens” and enhance…more

Comment Period, FCC, Proposed Rules, Regulatory Agenda, Regulatory Oversight

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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

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At Long Last – The FAR CUI Rule is Here! 

The wait is finally over! After more than 14 years of anticipation, the Federal Acquisition Regulation (“FAR”) Proposed Rule on Controlled Unclassified Information (“CUI”) was released on January 15, 2025 and comes as part of…more

Compliance, Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Security

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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

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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

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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

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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

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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

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Tax Exemption for Federal Broadband Subsidies is the Next Big Step in Broadband Access for All

Universal broadband in the United States has evolved from an aspirational policy goal and now has become a robustly funded federal policy…more

American Rescue Plan Act of 2021, Broadband, FCC, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

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2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed…more

Acquisitions, Anti-Kickback Statute, Artificial Intelligence, Cannabis Products, Clinical Trials

See all updates »

New Jersey Guidance on AI: Employers Must Comply With State Anti-Discrimination Standards

On January 9, 2025, New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights issued guidance stating that New Jersey’s anti-discrimination law applies to artificial intelligence. Specifically, the New…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Civil Rights Act

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Massachusetts Joins the Pay Transparency Game and Ups the Ante with New Reporting Requirements

On July 31, 2024, Massachusetts Governor Maura Healey signed into law a bill that makes Massachusetts the 11th state to mandate pay transparency, joining California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, New…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Ads, Pay Transparency

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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

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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

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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

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Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh Circuit…more

Defend Trade Secrets Act (DTSA), Extraterritoriality Rules, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination laws…more

Anti-Discrimination Policies, Contract Terms, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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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

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Corporate Sustainability Obligations in the EU: France Urges the EU To Postpone the Application of Adopted EU Directives

On 20 January 2025, France published a memorandum urging the EU to modify the Corporate Sustainability Reporting Directive (Directive 2022/2464, “CSRD”), and to postpone the application of the Corporate Sustainability Due…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), EU

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John’s Grill, Inc. v. Hartford Financial Services, Group, Inc.: Illusory Coverage, Unambiguous Policy Language, and the Enforceability of Limited Coverage Endorsements

In its latest Covid-era coverage case, John’s Grill, Inc. v. Hartford Financial Services, Group, Inc., the California Supreme Court held that an insured cannot use the “illusory coverage doctrine to transform the policy’s…more

Appeals, CA Supreme Court, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Common Privacy Pitfalls in M&A Deals

Many expect that deal activity will increase in 2025. As we approach the end of the first quarter, it is helpful to keep in mind privacy and data security issues that can potentially derail a deal. We discussed this in a webinar…more

Acquisitions, Cybersecurity, Data Privacy, Data Protection, Data Security

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Having Trouble Recruiting Physicians? The Conrad 30 Window is Opening Soon

The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a specialty…more

H-1B, Health Care Providers, Healthcare, Healthcare Reform, Immigration

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Kansas City Federal Reserve Bank Explores Regulatory Risks in Gaming Ecosystems

On April 9, the Federal Reserve Bank of Kansas City published a research briefing examining how video game platforms are reshaping the digital payments landscape. As in-game purchases and platform-based transactions grow in…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Reserve, Financial Institutions

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Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” Executive Order

On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the…more

Civil Rights Act, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Executive Orders, Gender Identity

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AI Considerations in Government Contract Related M&A Transactions

As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted guidelines…more

Acquisitions, Artificial Intelligence, Bias, Bots, Cross-Border

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Immigration Enforcement and Healthcare Facilities: Key Considerations for Providers

Recent changes in federal immigration enforcement practices have prompted renewed attention to how healthcare providers manage requests from law enforcement agencies. While federal policy continues to recognize healthcare…more

Enforcement Actions, Health Insurance Portability and Accountability Act (HIPAA), Healthcare Facilities, Hospitals, Immigration Enforcement

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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

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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)

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LDT Final Rule Series: Part 4 – Rule Overturned by Federal District Court

Last Monday, the U.S. District Court for the Eastern District of Texas (the “District Court”) issued a highly anticipated – and unsurprising – opinion invalidating the U.S. Food & Drug Administration’s (“FDA’s” or the…more

Appeals, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules, Food and Drug Administration (FDA)

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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

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Overview of Section 232 Tariffs on Steel and Aluminum: What Importers Need to Know

The implementation of new 25% Section 232 duties on steel, aluminum, and certain derivatives, effective March 12, 2025, which are in addition to any special rate of duty otherwise applicable, are affecting importers globally…more

Aluminum Sales, Executive Orders, Imports, International Trade, Reciprocity Rules

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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

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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

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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

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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

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The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade Secrets…more

Damages, Data Protection, Defend Trade Secrets Act (DTSA), Employees, Employer Liability Issues

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Healing the Healers: Using Value-Based Care Strategies to Mitigate Physician Burnout

This series explores legal issues related to physician burnout and potential solutions, and here we explore the potential impact of value-based care (“VBC”). Our first post addressed how healthcare organizations can foster the…more

Artificial Intelligence, Fee-for-Service, Health Care Providers, Healthcare, Hospitals

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You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor…more

Appeals, Appellate Review, Artificial Intelligence, Intellectual Property Litigation, Intellectual Property Protection

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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)

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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)

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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)

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FTC’s Shuts Down Operators of Debt Relief Enterprise

On July 11, the Federal District Court for the Middle District of Florida granted the FTC’s request for a temporary restraining order against operators of a debt relief enterprise that unlawfully charged consumers illegal…more

Debt Relief, Debt-Relief Industry, Department of Education, Enforcement Actions, Federal Trade Commission (FTC)

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Environmental YIR: 2024 Regulatory Legacies and Impacts

This report provides an overview of major federal environmental regulations and court decisions of 2024. Landmark U.S. Supreme Court decisions with lasting consequences for environmental policy include Loper Bright Enterprises…more

Administrative Procedure Act, California, Chevron Deference, Congressional Review Act, Corner Post Inc v Board of Governors of the Federal Reserve System

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Game On: SAG-AFTRA’s Video Game Performer Members Strike Over AI Concerns

After almost 2 years of negotiations over a new interactive media agreement with video game industry giants such as Activision, Electronic Arts, Warner Bros. and Walt Disney Co., video game performers voted to strike as of…more

Activision, AFTRA, Artificial Intelligence, Artificial Reproduction, Disney

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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

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Amending New York’s Donnelly Act: If at First You Don’t Succeed, Try, Try, and Try Again

A proposed amendment to New York’s Donnelly Act, introduced earlier this month, would significantly broaden the scope of the antitrust statute enacted in 1899. New York Senate Bill 335, titled the “Twenty-First Century…more

Abuse of Dominance, Antitrust Provisions, Competition, Donnelly Act, Enforcement Actions

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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

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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

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PAGA Plaintiffs Cannot Avoid Arbitration by Bringing a “Headless PAGA Lawsuit”

California’s Private Attorneys General Act (PAGA) allows “aggrieved employees” to sue their employers for Labor Code violations to collect civil penalties “on behalf of himself or herself and other current or former employees.”…more

Appeals, Arbitration Agreements, Binding Arbitration, California, Class Action

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Ceramtec GMBH v. Coorstek Biocermanics LLC

This case examines the application of trademark functionality doctrine in the medical device industry, specifically addressing whether the pink color of ceramic hip components can be protected as a trademark. The case provides…more

Functionality, Intellectual Property Protection, Medical Devices, Patent Litigation, Patents

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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

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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

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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

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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

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Wearable Technologies and Employment Risks – EEOC Issues New Guidance

From smart watches to exoskeletons, wearable technologies are quickly changing the landscape of the American workplace. Several states and administrative agencies have responded to this shift by enacting new laws and issuing…more

Americans with Disabilities Act (ADA), Data Privacy, Data Security, Employer Liability Issues, Employment Discrimination

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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

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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

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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

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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

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California Supreme Court Rejects Non-Disclosure Theory for ER Evaluation and Management Fees, Holding that Hospitals owe no Additional Duty Outside Regulatory Pricing Disclosure Regime

Hospitals charge a standard evaluation and management services fee (“EMS”) for patients seen in the emergency room, in one of five amounts, depending upon the severity of the visit. This EMS fee is listed in the hospital’s…more

California, Class Action, Consumer Protection Laws, Disclosure, Disclosure Requirements

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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

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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

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U.S. Department of Labor Rescinds Trump-Era Rule on Association Health Plans (AHPs)

On April 29, 2024, the U.S. Department of Labor (the “DOL”) issued a final rule (the “Final Rule”) rescinding the 2018 Association Health Plan rule (“2018 AHP Rule”), thereby marking a return to the more rigid pre-2018…more

Affordable Care Act, Association Health Plans, Department of Labor (DOL), Employer Group Health Plans

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SEC to Expand Confidential Filing Privileges

The U.S. Securities and Exchange Commission (SEC) has announced significant changes to its confidential filing procedures, aiming to support capital formation and provide greater flexibility for companies planning public…more

Capital Formation, Confidential Information, Disclosure Requirements, Filing Requirements, Initial Public Offering (IPO)

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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

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Proving Fraud is and Should Be Hard: Lessons from a Recent Medicare Advantage False Claims Act Decision

The litigator’s adage “it’s easy to plead, it’s hard to prove” once again came true in the long-running False Claims Act (FCA) case targeting Medicare Advantage (“MA”) plans operated by UnitedHealth (United). Eight years after…more

Centers for Medicare & Medicaid Services (CMS), Discovery, Enforcement Actions, False Claims Act (FCA), Fraud

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AI Considerations in Government Contract Related M&A Transactions

As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted guidelines…more

Acquisitions, Artificial Intelligence, Bias, Bots, Cross-Border

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Attorney General Pam Bondi’s Ending Illegal DEI and DEIA Discrimination and Preferences Memo

On February 5, 2025, Attorney General Pam Bondi disseminated an internal memo within the Department of Justice (DOJ). The memo, Ending Illegal DEI and DEIA Discrimination and Preferences, explained that the DOJ’s Civil Rights…more

Anti-Discrimination Policies, Attorney General, Civil Rights Act, Department of Justice (DOJ), Discrimination

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The Supreme Court Gears Up to Resolve Circuit Split on Class Injury Requirements

On January 24, 2025, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis, No. 24-0304, which may result in the resolution of a long-standing circuit split on a dispute key to class certification. In its…more

Americans with Disabilities Act (ADA), Appellate Courts, Article III, Class Action, Disability Discrimination

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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

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A New Hope for the Future of Mitigated Negative Declarations: The Logistics of Warehouse Storage Greenhouse Gas Analysis

In its decision in Upland Community First v. City of Upland, the Fourth District Court of Appeal upheld a Mitigated Negative Declaration (MND) for the development of a warehouse and parcel delivery service building against a…more

California, CEQA, Climate Change, Entitlements, Greenhouse Gas Emissions

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Healthy AI: 2024 Year in Review

On October 30, 2023, President Biden signed Executive Order 14110, laying the groundwork for the ethical and secure deployment of AI across industries, including healthcare. This comprehensive directive outlines policy goals to…more

Artificial Intelligence, Biden Administration, Cybersecurity, Data Privacy, Department of Health and Human Services (HHS)

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Comment Period Now Open for OSHA’s Proposed National Heat Injury and Illness Prevention Standard

On the heels of California’s new indoor heat illness prevention standard becoming effective, the federal Occupational Safety and Health Administration (“OSHA”) announced a proposed national heat and injury illness prevention…more

Employees, Employer Liability Issues, Health and Safety, Heat Exposure, OSHA

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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)

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Vax On: Fourth Circuit Reinstates Plaintiff’s Religious Bias Suit in COVID Vaccine Mandate Case

On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to…more

Appeals, Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination

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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

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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 to Expand Confidential Filing Privileges

The U.S. Securities and Exchange Commission (SEC) has announced significant changes to its confidential filing procedures, aiming to support capital formation and provide greater flexibility for companies planning public…more

Capital Formation, Confidential Information, Disclosure Requirements, Filing Requirements, Initial Public Offering (IPO)

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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

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M&A Playbook for Acquiring AI-Powered Companies

As artificial intelligence (AI) continues to transform the business world, acquirors need to prepare for a deep dive when evaluating companies that use AI to enable their businesses or create proprietary AI. Key considerations…more

Acquisitions, Artificial Intelligence, Buyers, Cybersecurity, Data Privacy

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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

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Choice-of-Law Provisions Cannot Circumvent Ending Forced Arbitration Act, Court of Appeal Rules

On February 3, 2025, the California First District Court of Appeal held that a party to an arbitration agreement cannot rely on a choice-of-law provision to wire around the federal Ending Forced Arbitration of Sexual Assault and…more

Arbitration, Arbitration Agreements, California, Choice-of-Law, Employment Contract

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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

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China’s Implementation of Patent Term Adjustment

On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending…more

China, CNIPA, Intellectual Property Protection, Patent Term Adjustment, Patent Terms

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The Copyright Office’s Latest Guidance on AI and Copyrightability

The U.S. Copyright Office’s January 2025 report on AI and copyrightability reaffirms the longstanding principle that copyright protection is reserved for works of human authorship. Outputs created entirely by generative…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Innovative Technology

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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)

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The Return of the CTA: FinCEN Confirms that Beneficial Ownership Information Reporting Requirements are Back in Effect with a New Deadline of March 21, 2025

On February 19, 2025, the Financial Crimes Enforcement Network (“FinCEN”) announced that beneficial ownership information reporting requirements under the Corporate Transparency Act (“CTA”) are back in effect with a new deadline…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Governance

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Federal Proposal to Rescind ESA’s ‘Harm’ Definition Raises the Stakes for California’s AB 1319

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) proposed last week to rescind the regulatory definition of “harm” under the federal Endangered Species Act (ESA),…more

California, Endangered Species Act (ESA), Environmental Policies, Government Agencies, New Legislation

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[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

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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

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California Court of Appeal Reaffirms Disapproval of “Browsewrap” Agreements to Arbitrate

Consent is generally a precondition to an enforceable contract. Some website operators have attempted to enforce arbitration clauses set forth in the terms and conditions listed on their websites just because a consumer visited…more

Arbitration, Browsewrap Agreement, California, Consent, Federal Arbitration Act

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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

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CSBS Flags Key Risks in Draft Stablecoin Legislation

On April 1, the Conference of State Bank Supervisors (CSBS) submitted a letter to the House Financial Services Committee expressing concerns with an introduced draft of H.R. 2392—the Stablecoin Transparency and Accountability…more

Cryptocurrency, Financial Regulatory Reform, Proposed Legislation, Regulatory Oversight, Regulatory Requirements

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Federal Circuit Touches on Appellate Standing and Prior Art Determinations in the Context of Post-Grant Review Proceedings

In CQV Co. Ltd. v. Merck Patent GmbH, the Federal Circuit addressed (1) the interaction of indemnification agreements with Article III standing for appeals of post-grant review decisions of the Patent Trial and Appeal Board; and…more

Appeals, Appellate Courts, Evidence, Intellectual Property Protection, Patent Infringement

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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

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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)

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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

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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

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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

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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

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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

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SuperValu Wins False Claims Act Case with a “No Harm, No Foul” Jury Verdict

On March 5, 2025, SuperValu, Inc. (SuperValu), a grocery store chain that operates in-store pharmacies, was cleared of liability by a Central District of Illinois federal jury—finally quashing whistleblower claims that the…more

Damages, False Claims Act (FCA), Fraud, Government Agencies, Healthcare Fraud

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Don’t Get Lazy, Timely Complete Your Arguments

This Federal Circuit Opinion analyzes statutory estoppel under 35 U.S.C. § 315(e)(1) and examines offensive and defensive arguments related to § 103 obviousness.  Gesture Technology Partners, LLC is the owner of U.S. Patent…more

Appeals, Claim Construction, Estoppel, Inter Partes Review (IPR) Proceeding, Obviousness

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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

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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

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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

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Panama Announces Intent to Offer Concessions to Operate Regional Airports

On August 8, 2024, the government of the Republic of Panama (“ROP”) gave notice that it would soon publish a request for expressions of interest for the purpose of obtaining a short list of qualified international companies with…more

Airports, Business Strategies, Cross-Border Transactions, Investment, Investors

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Amendments to NYDFS’ Cybersecurity Regulations Take Effect November 1

The New York Department of Financial Services has modified its cybersecurity requirements for regulated entities. These requirements are in addition to those included in the regulations as last updated in November of last year…more

Chief Information Security Officer (CISO), Cybersecurity, Data Security, Financial Services Industry, Incident Response Plans

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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

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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

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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

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ALERT: Delete, Delete, Delete—FCC Calls for Comment on Which Rules Should be Eliminated

On March 12th, 2025, the Federal Communications Commission (“FCC”) issued a Public Notice (“Notice”) seeking comment on which FCC rules should be repealed or modified to alleviate “unnecessary regulatory burdens” and enhance…more

Comment Period, FCC, Proposed Rules, Regulatory Agenda, Regulatory Oversight

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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)

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Major Regulatory Updates from the West Coast: New California and Washington Approaches to Healthcare Private Equity and MSO Regulation

State legislatures on the West Coast are intensifying their focus on private equity and management service organizations (MSOs) in healthcare, introducing new regulatory measures that could significantly reshape investment…more

California, Healthcare, Investment, Legislative Agendas, Mergers

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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)

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Key Considerations Before Negotiating Healthcare AI Vendor Contracts

The integration of artificial intelligence (AI) tools in healthcare is revolutionizing the industry, bringing efficiencies to the practice of medicine and benefits to patients. However, the negotiation of third-party AI tools…more

Artificial Intelligence, Compliance, Contract Terms, Data Privacy, Data Protection

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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

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Claiming Inflation Reduction Act Tax Credits and Deductions on Your 2024 Return? Make Sure You Complied with the Prevailing Wage and Apprenticeship Requirements

Tax season is here. As a result, many companies may be seeking to claim the increased tax credits and deductions available under the Inflation Reduction Act (the “IRA”)..…more

Apprenticeships, Davis-Bacon Act, Energy Projects, Federal Contractors, Inflation Reduction Act (IRA)

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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

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Dos and Don’ts for Advertising, Packaging and Labeling of Cannabis Products in Illinois

Under Illinois law, there are various statutes and regulations that set forth requirements and prohibitions for advertising, promotion, packaging, and labeling of cannabis and cannabis-infused products. These rules are intended…more

Advertising, Cannabis Products, Illinois, Product Labels, Regulatory Requirements

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Navigating Gainsharing Pitfalls in Value-Based Models

As the shift toward value-based care continues to transform the healthcare industry, hospitals and health systems are increasingly utilizing incentive-based physician compensation structures. Incentive-based compensation often…more

Advisory Opinions, Civil Monetary Penalty, Gainsharing, Health Care Providers, Healthcare

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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

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Plaintiffs, Not Defendants, Must Initiate Arbitration

Arzate v. Ace American Insurance Company, — Cal. Rptr. 3d — (2025) began as a familiar case: plaintiffs signed arbitration agreements (“Agreement”) with their employer that contained a class action waiver. But when a dispute…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Contract Terms

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Environmental YIR: 2024 Regulatory Legacies and Impacts

This report provides an overview of major federal environmental regulations and court decisions of 2024. Landmark U.S. Supreme Court decisions with lasting consequences for environmental policy include Loper Bright Enterprises…more

Administrative Procedure Act, California, Chevron Deference, Congressional Review Act, Corner Post Inc v Board of Governors of the Federal Reserve System

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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

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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

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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

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State Antitrust Enforcement Roundup: New Laws; New Potential Legislation; and New (and Broader) Areas of Focus

The number of U.S. states implementing or considering new antitrust laws (or supplementing existing laws) targeting proposed transactions continues to grow. As detailed in our healthcare merger matrix, many states have focused…more

Acquisitions, Antitrust Provisions, Healthcare, Mergers, New Legislation

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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

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[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

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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

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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

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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

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Understanding Preliminary Injunction: A Review of a Recent Federal Circuit Decision

This Federal Circuit opinion addresses a district court’s decision granting plaintiff’s motion for a preliminary injunction. Background - Plaintiff Natera, Inc. (“Natera”) and defendant NeoGenomics Laboratories, Inc…more

Healthcare, Intellectual Property Litigation, Intellectual Property Protection, Patent Litigation, Patents

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Red Tape Rollback: DOJ’s Anticompetitive Regulations Task Force

As we predicted before the inauguration, Trump 2.0 antitrust enforcers have shown continued support for the pro-worker, anti-tech antitrust agenda that has permeated recent antitrust enforcement through the last two…more

Amicus Briefs, Antitrust Provisions, Competition, Department of Justice (DOJ), Energy Sector

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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

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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

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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

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Solar PV Project Repowering - Best Practices and Insights

In August 2022, the United States (U.S.) Congress passed the Inflation Reduction Act of 2022 (the “IRA”), landmark legislation that modified and extended the longstanding 30% investment tax credit (ITC) for solar photovoltaic…more

Energy Projects, Energy Sector, Individual Retirement Account (IRA), Internal Revenue Code (IRC), Investment

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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

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July 1 Deadline Looms for Cannabis Operators to Maintain and Renew Their Licenses by Entering into Labor Peace Agreements

California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) requires commercial cannabis entities to obtain a license from California’s Department of Cannabis Control (“DCC”) to cultivate, distribute,…more

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

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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

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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

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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

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Federal Circuit Finds Personal Jurisdiction in an Amazon Product Dispute

In SnapRays, d/b/a SnapPower v. Lighting Defense Group, the Federal Circuit found that a district court could exercise personal jurisdiction over a declaratory judgment defendant based on the defendant’s sending an Amazon Patent…more

Declaratory Judgments, Goods or Services, Intellectual Property Protection, Marketing, Patent Infringement

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CMS Continues to Plan AHEAD Amid Rising Healthcare Costs

On October 28, 2024, the Centers for Medicare & Medicaid Services (“CMS”) announced the latest states to participate in the voluntary state total cost of care (“TCOC”) model: the All-Payer Health Equity Approaches and…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Healthcare Reform, State and Local Government

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Environmental YIR: 2024 Regulatory Legacies and Impacts

This report provides an overview of major federal environmental regulations and court decisions of 2024. Landmark U.S. Supreme Court decisions with lasting consequences for environmental policy include Loper Bright Enterprises…more

Administrative Procedure Act, California, Chevron Deference, Congressional Review Act, Corner Post Inc v Board of Governors of the Federal Reserve System

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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

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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

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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

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In With the “Old,” Out With the “New”: Second Trump Administration Will Usher in Significant Changes at the EEOC, DOL and NLRB

The election is over and a second Trump administration will begin in January 2025 (“Trump Administration”). Numerous changes to the employment law landscape will come with it. And if past is prologue, many of these changes will…more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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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

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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

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Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s challenge…more

Administrative Procedure Act, Appeals, Constitutional Challenges, Employment Litigation, Hiring & Firing

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EU: New European Consumer Protection Guidelines for Virtual Currencies in Video Games

On March 21, 2025, ahead of a consultation and call for evidence on the EU’s Digital Fairness Act, the Consumer Protection Cooperation (CPC) Network highlighted the pressing need for improved consumer protection in the European…more

Consumer Protection Laws, Enforcement Actions, EU, Gambling, Minors

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Lost-Premium Damages under Merger Agreement – Proposed Amendment to the DGCL in Light of Crispo vs. Musk

On March 28, 2024, the Council of the Corporation Law Section of the Delaware State Bar Association (“DSBA”) issued proposed amendments to the Delaware General Corporation Law (“DGCL”), which, if signed into law, would become…more

Acquisitions, Commercial Litigation, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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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

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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

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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

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CMS to Withdraw Federal Medicaid Match for Workforce, Social Needs, and Infrastructure: What States, Health Care Providers and Community Organizations Need to Know

In a move signaling a major shift in federal priorities, the Centers for Medicare & Medicaid Services (“CMS”) recently announced it will limit federal funding for state Medicaid initiatives that support services beyond direct…more

Centers for Medicare & Medicaid Services (CMS), Federal Funding, Health Care Providers, Healthcare, Healthcare Facilities

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The Return of the CTA: FinCEN Confirms that Beneficial Ownership Information Reporting Requirements are Back in Effect with a New Deadline of March 21, 2025

On February 19, 2025, the Financial Crimes Enforcement Network (“FinCEN”) announced that beneficial ownership information reporting requirements under the Corporate Transparency Act (“CTA”) are back in effect with a new deadline…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Business Ownership, Corporate Governance

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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

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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

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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

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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

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Understanding AB 303: Potential Impacts for California BESS Project Development

A week after a large-scale fire at the Moss Landing Power Plant in Monterey County, California Assemblymember Dawn Addis (D-Morro Bay) introduced Assembly Bill (AB) 303. If passed, AB 303 – also referred to as the Battery Energy…more

Batteries, California, Clean Energy, Climate Change, Energy Policy

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[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

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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)

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New York State Releases Much Anticipated Guidance on Reporting Requirements for Material Healthcare Transactions as Budget Negotiations Near Conclusion, Potentially Expanding Law to Include Pre-Closing Review

On August 1, 2023, the New York State’s Department of Health (the “DOH”) began implementation of Public Health Law Article 45-A, the State’s new statutory requirement for advance notice and public disclosure of certain material…more

Acquisitions, Department of Health and Human Services (HHS), Government Agencies, Health Care Providers, Healthcare Facilities

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San Diego County Adds Local Restrictions for Covered Employers to Comply with in Addition to California’s Fair Chance Act

Many employers are already familiar with California’s Fair Chance Act (“FCA”), which went into effect in 2018 and governs how employers may consider an applicant’s criminal history in hiring decisions. Effective October 10,…more

Background Checks, California, Covered Employer, Criminal Records, Employer Liability Issues

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The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices

미국의 영업 비밀 소송 호황기 This is a boom time for trade secret litigation in the U.S. The underlying conditions driving the boom include the growing mobility of the global workforce, the ease with which electronic data can be captured…more

Corporate Governance, Defend Trade Secrets Act (DTSA), Extraterritoriality Rules, Intellectual Property Protection, International Trade Commission (ITC)

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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

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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

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Dos and Don’ts for Advertising, Packaging and Labeling of Cannabis Products in Illinois

Under Illinois law, there are various statutes and regulations that set forth requirements and prohibitions for advertising, promotion, packaging, and labeling of cannabis and cannabis-infused products. These rules are intended…more

Advertising, Cannabis Products, Illinois, Product Labels, Regulatory Requirements

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Click! FTC Updates Its Negative Option Rule

The FTC updated its Negative Option Rule last month and gave it a new name to emphasize the expanded scope of programs to which it applies. It will now be the “Rule Concerning Recurring Subscriptions and Other Negative Option…more

Cancellation Rights, Federal Trade Commission (FTC), Final Rules, Marketing, Negative Option Rule

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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2024 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are excited to present the second edition of Sheppard Mullin’s “Year in Review” report, which provides a comprehensive summary of the key precedential Federal Circuit decisions related to patent law in 2024. Building on the…more

Appeals, Claim Construction, Corporate Counsel, Intellectual Property Litigation, Intellectual Property Protection

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OSHA Issues Final Rule Clarifying an Employee’s Ability to Have a Non-Employee Representative Present During Inspection

On April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) published its Final Rule clarifying the rights of employees to designate a non-employee representative to be present during…more

Department of Labor (DOL), Final Rules, New Regulations, Non-Employees, OSHA

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Acting Now to Sustain and Improve America’s Healthcare System: Advice from Innovative Physicians and Health System Leaders

At last week’s America’s Physician Groups Spring conference in San Diego, California, we listened as physicians and health system leaders described the ways in which they are responding to short and long term challenges to the…more

Health Care Providers, Healthcare, Physicians, Professional Conferences, Technology

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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

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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

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2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed…more

Acquisitions, Anti-Kickback Statute, Artificial Intelligence, Cannabis Products, Clinical Trials

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Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling…more

Advertising, Celebrities, Commercial Litigation, First Amendment, Intellectual Property Protection

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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

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The EU’s Omnibus Package: A Step Back on Sustainability?

We reported in previous blog posts (here and here) on the European Commission’s Green Deal initiatives and their impact on companies doing business in Europe as well as the significant recent headwind against these instruments…more

Disclosure Requirements, Due Diligence, Environmental Social & Governance (ESG), EU, Green Deal

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SuperValu Wins False Claims Act Case with a “No Harm, No Foul” Jury Verdict

On March 5, 2025, SuperValu, Inc. (SuperValu), a grocery store chain that operates in-store pharmacies, was cleared of liability by a Central District of Illinois federal jury—finally quashing whistleblower claims that the…more

Damages, False Claims Act (FCA), Fraud, Government Agencies, Healthcare Fraud

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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

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Attorney General Bondi’s Day One Orders for DOJ

Shortly after her confirmation, and just after her swearing-in by Associate Justice Clarence Thomas, U.S. Attorney General Pamela Bondi issued fourteen memoranda that seek to reform the Department of Justice by rescinding prior…more

Criminal Prosecution, Death Penalty, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions

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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

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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

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Delay In California’s Minimum Wage Increase for Health Care Workers

As we previously reported here, nearly all health care facilities in California will soon be required to increase the minimum wage paid to health care workers, ranging anywhere from $18 per hour up to $23 per hour depending on…more

California, Employees, Employer Liability Issues, Healthcare, Healthcare Facilities

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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

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Healthcare Industry Leaders Predict Four Areas to Watch After the U.S. Election: Takeaways from the Business of Health Care Conference Hosted by the Miami Herbert Business School

The recent U.S. election has had profound implications for the healthcare industry, prompting industry leaders to reexamine their strategies and day-to-day operations. At the Miami Herbert Business School’s annual “The Business…more

Artificial Intelligence, Data Privacy, Health Care Providers, Health Insurance, Healthcare

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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

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New Ohio Transparency Pricing Rules for Hospitals Comes with Limits to Targeted Advertising

Starting April 3, Ohio hospitals will have to navigate new requirements under House Bill 173. This law mandates greater transparency in healthcare pricing. It also includes rules for selling or targeted advertising related to…more

Advertising, Data Privacy, Health Care Providers, Healthcare, New Guidance

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Supreme Court Holds That the Eighth Amendment Does Not Prevent Enforcement of Local Camping Bans, Authorizing a Significant Shift in Local Policies on Homelessness

Until recently, local policies on homelessness have been guided by two controversial rulings from the Ninth Circuit Court of Appeals: Martin v. Boise (9th Cir. 2019) 920 F.3d 584 and Johnson v. City of Grants Pass (9th Cir…more

California, Entitlements, Homeless Issues, Land Use Claims, Land-Use Permits

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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)

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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

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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

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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

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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

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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

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Intervening Authority: California Supreme Court Curbs the Authority of PAGA Litigants to Intervene in Overlapping PAGA Actions

On August 1, 2024, the California Supreme Court issued a decision in Turrieta v. Lyft that substantially narrows the authority of PAGA litigants to intervene in overlapping PAGA actions. The Supreme Court’s ruling confirms that…more

California, Corporate Counsel, Employer Liability Issues, Employment Litigation, Governor Newsom

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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

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Newly Created NLRB Rules Drastically Change the Process for Unions Seeking Recognition of Most Private Sector Employees in the U.S. and Substantially Limits Employee Voting in Secret-Ballot Election

At the end of last week, the National Labor Relations Board (the “Board”) issued two huge blows to employers that give significant advantages to unions and ease their ability to achieve status as a certified bargaining…more

Americans with Disabilities Act (ADA), Employment Policies, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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Keep California Rolling: New Bills Poised to Revitalize Production (in Hollywood)

The introduction of Senate Bill 630 and Assembly Bill 1138 aims to provide California with a competitive advantage in its quest to retain and bring back production jobs that are vital to the entertainment industry. The bills…more

California, Coronavirus/COVID-19, Entertainment Industry, Governor Newsom, Labor Reform

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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

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2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed…more

Acquisitions, Anti-Kickback Statute, Artificial Intelligence, Cannabis Products, Clinical Trials

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Attorney General Pam Bondi’s Ending Illegal DEI and DEIA Discrimination and Preferences Memo

On February 5, 2025, Attorney General Pam Bondi disseminated an internal memo within the Department of Justice (DOJ). The memo, Ending Illegal DEI and DEIA Discrimination and Preferences, explained that the DOJ’s Civil Rights…more

Anti-Discrimination Policies, Attorney General, Civil Rights Act, Department of Justice (DOJ), Discrimination

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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

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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)

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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

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Understanding the Allocation of Tariff Payments

In the context of the tariffs imposed by the Trump Administration on imported goods, a prevalent misconception has arisen that foreign suppliers automatically bear the cost of these tariffs. The reality, however, is more…more

Buyers, Contract Disputes, Contract Terms, Imports, International Trade

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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

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Healthcare Needs More Hackers: A Discussion with Ilona Cohen

Ethical hackers are becoming crucial allies in the battle against healthcare data breaches and ransomware attacks. In the twelfth episode of Sheppard Mullin’s Health-e Law Podcast, Ilona Cohen, Chief Legal Officer and Chief…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Security

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In With the “Old,” Out With the “New”: Second Trump Administration Will Usher in Significant Changes at the EEOC, DOL and NLRB

The election is over and a second Trump administration will begin in January 2025 (“Trump Administration”). Numerous changes to the employment law landscape will come with it. And if past is prologue, many of these changes will…more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed…more

Acquisitions, Anti-Kickback Statute, Artificial Intelligence, Cannabis Products, Clinical Trials

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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

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Notes from the Barclays 24th Annual Not-for-Profit Health Care Investors Conference 

This week in New York, many leading health systems came together for the long-running Not-For-Profit Health Care Investors Conference, now sponsored by Barclays, HFMA and the American Hospital Association. The conference allowed…more

American Hospital Association, Artificial Intelligence, Barclays, Health Care Providers, Healthcare

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Client Alert: Protecting Against Residential Price Gouging During the Los Angeles Wildfires

As devastating wildfires displace thousands in Los Angeles County, Governor Newsom has declared a state of emergency. In the wake of this crisis, California’s price-gouging laws impose strict limits on rental price increases to…more

California, Governor Newsom, Natural Disasters, Price Gouging, Real Estate Transactions

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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

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FDA’s Semaglutide Shortage Resolution: Legal Implications and Risks for Compounding Pharmacies

Last month, the U.S. Food and Drug Administration (the “FDA”) announced in a Declaratory Order the resolution of the shortage of semaglutide injection products Wegovy and Ozempic (the “February Declaratory Order”). On March…more

Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Care Providers, Patent Litigation