Searching Content indexed under Corporate/Commercial Law by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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OIG To Audit Provision Of Behavioral Health Services Through Tele-Health Under Medicaid Managed Care
In its recently updated Work Plan, the Office of the Inspector General ("OIG") at the Department of Health & Human Services (HHS) announced that it will conduct ...
United States
16 Oct 2019
Modifications Under CCPA To Receipt Of Consumer Requests
One of the CCPA amendments that has gone to the governor's desk is AB 1564, which addresses the methods companies must make available to consumers to exercise their rights under CCPA.
United States
14 Oct 2019
Third Circuit Holds That SLUSA Does Not Preclude Class Action Opt-Outs From Pursuing Individual Actions
In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of Appeals for the Third Circuit ...
14 Oct 2019
Gauging Interest: SEC Votes To Approve Proposal to Expand "Test-the-Waters" Rules
The Securities and Exchange Commission ("SEC") announced on September 26, 2019 that it voted to adopt the application of "testing-the-waters"
United States
11 Oct 2019
SEC Looks To Modernize Disclosure Approach
On August 8, 2019, the SEC announced that it voted to propose rule amendments to modernize the description of business, legal proceedings, and risk factor disclosures that public companies are required to make ...
United States
24 Sep 2019
Long-Term Care Providers And Corporate Compliance Programs: The Impending November 28, 2019 Deadline Is Fast Approaching
A 2016 Final Rule from CMS created a new regulatory requirement for long-term care facilities, 42 C.F.R. § 483.85, that mandates such facilities have in operation, by November 28, 2019,
United States
10 Sep 2019
Fifth Circuit Affirms Enron Broker Not Liable To Employee Stock Option Holders For False Or Withheld Information
Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws...
United States
23 Aug 2019
How FDA Considerations Impact Food And Beverage Acquisitions
When considering an acquisition of a food and beverage company, potential buyers of a company or its assets should pay particular attention to U.S. Food and Drug Administration requirements
United States
19 Aug 2019
Commercial Division Justices Provide Dueling Approaches To Discovery Stays In State Court Securities Litigation
In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019),
United States
16 Aug 2019
New York Commercial Division Justices Provide Dueling Approaches To Discovery Stays In State Court Securities Litigation
In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019)...
United States
16 Aug 2019
9th Circuit Says CPUC's Standard Contract And Re-MAT Program For Certain Renewable Generators Are Not PURPA Compliant
In a recent opinion, the Ninth Circuit held that the California Public Utilities Commission's (CPUC) Renewable Market Adjusting Tariff (Re-MAT) program and alternative Qualifying Facility (QF)
United States
16 Aug 2019
A Lawyer's Special Weapons And Tactics
A few years back, two of us had the privilege of joining a highly trained SWAT team in New Orleans responding to a call for a barricaded subject with an assault rifle.
United States
9 Aug 2019
Utility Provider Settles Call Recording Lawsuit for $3.7 Million
Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers.
United States
8 Aug 2019
New Bill Seeks To Bring Clarity To Insider Trading Law
On May 7, 2019, Representative James Himes (D-Conn) introduced the "Insider Trading Prohibition Act" (H.R. 2534). The proposed legislation would amend the Securities and Exchange Act of 1934
United States
6 Aug 2019
Delaware Supreme Court Allows Caremark Claim To Proceed Against Directors Of Ice Cream Manufacturer Following Listeria Outbreak
In Marchand v. Barnhill, No. 533, 2018, 2019 Del. LEXIS 310, the Delaware Supreme Court reversed a Delaware Court of Chancery order dismissing a derivative claim alleging that an members of the board of directors...
United States
2 Aug 2019
The Benefits Of The International Commercial Courts Of Paris In French-American Commercial Litigations
On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations.
United States
12 Jul 2019
Revised EIN Application Process Requires Individuals To Serve As The "Responsible Party"
Effective as of May 13, 2019, the U.S. Internal Revue Service (IRS) made a change to the application process for U.S. Federal employer identification numbers (EIN), the Federal tax ID
United States
12 Jul 2019
Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law
According to the NLRB General Counsel's Division of Advice (GC), Uber's UberX and UberBLACK drivers are independent contractors exempt from the rights and protections of the National Labor Relations Act (NLRA), including...
United States
5 Jul 2019
SEC Issues Alert On Outsourcing And Data Security
The SEC recently issued a risk alert warning about using vendors and cloud-based platforms. Many broker dealers and investment advisors are turning to these third parties to store customer data.
United States
21 Jun 2019
Delaware Chancery Court Provides Useful Guidance For Protecting Pre-Merger Privileges In Post-Closing Litigation Between Buyers And Sellers
In Shareholder Representative Services LLC v. RSI Holdco, LLC, No. 2018-0517-KSJM, 2019 WL 2290916 (Del. Ch. May 29, 2019)
United States
13 Jun 2019
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