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Articles by Hampton LLP
Fifth Circuit Affirms Dismissal Section 14(a) Complaint For Failure to Plead Facts Demonstrating Alleged Omissions from Proxy Statement Were Misleading
August 24, 2020 National Monuments: by Land Only or by Sea Too? by: Meghan E. Smith and Stanley A. Millan Army Corps Proposes to Reissue Nationwide Permits Two Years Ahead of... by: Duncan M. Greene and Joseph B. Nelson Navigating Business Travel Through the Pandemic by: Wesley Shelton Reading the Leaves: Financing Trends in the Cannabis Industry by: Jimmy Bui New DEA Rule Creates More Uncertainty for Legality of CBD Extracts by: Ian A. Stewart and Neil M.
Nota Bene Episode 89: European Q3 Check In
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Delaware Supreme Court Affirms Appraisal Award Using Corporation’s Unaffected Market Price As Fair Value
July 17, 2020 Striking for Black Lives While Striking a Balance Between Business... by: Jeanine M. Gozdecki Short but Painful: Caliber Home Loans Roughed Up in Brief Robocall... by: Eric J. Troutman Pedal to the Metal: 15 States and D.C. Seek to Achieve 100% Zero... by: Julius M. Redd and Daniel B. Schulson DOL Publishes New FMLA Forms, Signals More to Come with Expansive... by: Catherine A. Cano European Court Invalidates Data Privacy Shield Relied On By U.S.... by: Brian J. McGinnis and Jason A.
Nota Bene Episode 88: Asia Check In: COVID Recovery, China's National Security Law For Hong Kong, And Navigating A U.S.-China Cold War With Paul Kim
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Nota Bene Episode 88: Asia Check In: COVID Recovery, China’s National Security Law for Hong Kong, and Navigating a U.S.-China Cold War with Paul Kim | Lexology
Asia-Pacific
July 15 2020 Click here to listen to audio Almost five months after the first signs of the coronavirus outbreak in Asia, we’re checking in with our Asian markets expert, Paul Kim, to hear about the latest legal and economic developments in the fight against COVID-19 and the road to recovery. Paul also shares recent developments in China’s national security law for Hong Kong and the strain on immigration between countries.
Toward Understanding COVID-19's Lodging Impacts Through the Lens of Futurology
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What's Next? Return Of The Guest Experience
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Sheppard Submits Comments To Main Street Loan Program
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Nota Bene Episode 78: COVID-19 and Other Change Agents to the Healthcare Industry Outlook for 2020 with Mike McKinnon | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Delaware 101 Pleading Analysis Leaves Parties Guessing and Prosecutors Moving to Adapt
Thursday, April 16, 2020 Over the past few years, it has been common to see inconsistent approaches and analysis for 35 U.S.C. § 101 challenges, particularly those at the pleading stage. Aatrix, Berkheimer, and subsequent decisions appear to have only led to more inconsistent approaches among district court judges, revealing the glaring flaws of 101 analysis, particularly without more Federal Circuit or Supreme Court guidance.
DailyJournal
The amount of attorney fees that are likely to be incurred during litigation is often an important factor in performing the cost-benefit analysis of proceeding versus settling a given dispute. When a company receives a demand letter warning it that a consumer class action is being considered for alleged false labeling or false advertising practices, a company may be inclined to change its labeling and advertising in order to moot the suit.
4 Steps to More Effectively Use NDAs to Protect Confidential Information
Thursday, April 9, 2020 Companies routinely use Non-Disclosure Agreements (NDAs) to protect confidential information shared with potential acquirers, consultants, and other third parties. But companies cannot merely rely on stock NDAs to protect that information. They should understand each NDA’s procedures for designating information as “Confidential” (and ensure compliance with them), and grasp the interplay between NDAs and state trade secret laws in terms of imputing duties of confidentiality.
Carrier Considerations: Business Interruption Coverage for COVID-19 Losses
Wednesday, April 8, 2020 The insurance industry is bracing itself for the large number of claims arising out of the novel coronavirus pandemic. Depending on the coverage form involved, insurers should have strong coverage defenses to most of these claims. Standard commercial property forms were never designed to cover pandemic-related losses.
Current Economic Relief Opportunities for US Small Businesses Impacted by the COVID-19 Outbreak in the CARES Act
Thursday, March 26, 2020 On March 25, 2020, the Senate passed on a bipartisan basis the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. With more than US$2 trillion in total relief and US$350 billion in support for small businesses, this bill, if enacted, would represent the third phase of legislation intended to help families and companies affected by the coronavirus disease 2019 (COVID-19) outbreak.
COVID-19 — Legal Guide for Medical Groups
Wednesday, March 25, 2020 This COVID-19 – LEGAL GUIDE FOR MEDICAL GROUPS (“Guide”) provides a general discussion of legal issues confronting medical groups as a result of COVID-19, including employee protections, infection control, and reporting obligations, workforce management and related mitigation strategies, employee obligations, business and payor relationships, privacy and telehealth, Medicare changes, and strategic transactions.
Impact of COVID-19 on Municipal Finance: Restructurings Inevitable (Part 1)
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Dallas County Texas Ordered to Stay at Home starting March 22
March 23, 2020 Dallas County Stay at Home Order March 22, 2020 by: Sheppard, Mullin, Richter, & Hampton LLP Three Real Estate Contract Questions to Consider Now by: Felice B. Rose Businesses At Risk Of COVID-19-Related Lawsuits Should Consider... by: Daniel I. Wolf Federal Agencies Announce the Availability of Tax Credits Under the... by: Maureen Rouse-Ayoub and Elizabeth Wells Skaggs COVID-19: HMRC Clarifies Exceptional Circumstances Under Statutory...
Thinking of Selling Your Apartment Property in San Francisco? You Must Offer It To A Nonprofit First | K&L Gates LLP - JDSupra
San Francisco’s city government now requires private property owners to give non-profits the first right to purchase most multi-family residential properties with three or more residential rental units. The stated purpose of the city’s Community Opportunity to Purchase Act (“COPA”) is to promote and create affordable housing by allowing nonprofit organizations to purchase multi-family residential buildings at market prices.
California Update: New QR Code Certificate Requirements, Uptick in Enforcement Actions, and the Future of California’s Cannabis Regulators
Friday, February 21, 2020 QR Codes for Retailers, Distributors, and Delivery On February 13, 2020, The Bureau of Cannabis Control’s (BCC) emergency rulemaking for Quick Response Code (QR Code) certificate requirements was approved by the Office of Administrative Law. The new rules are effective immediately. The new rules require licensed commercial cannabis storefront retailers to prominently display their QR Code certificate on their premises.
California State Court Declines to Expand Standing for Claims Under 1933 Act | Lexology
In Jensen v. iShares Trust, 2020 Cal. App. LEXIS 61 (Cal. App. Jan. 23, 2020), a rare state court decision addressing claims under the Securities Act of 1933 (“1933 Act”), the California Court of Appeal rejected plaintiffs-appellants’ attempt to evade the “tracing” requirement under Section 11, 15. U.S.C. § 77k, which provides standing only to those plaintiffs who can trace their shares purchased in a secondary market transaction to an initial offering made under a misleading registration statement.
The SEC’s 2020 Examination Priorities | Lexology
On January 7, 2020, the Securities and Exchange Commission (“SEC”) released its 2020 examination priorities, an annual report by the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) meant to apprise the public of the SEC’s activities and enforcement agenda based on potentially high-risk areas for investors and U.S. markets.
Sheppard Mullin Adds Appellate and Commercial Litigator David Schwarz in Century City
Sheppard Mullin Adds Appellate and Commercial Litigator David Schwarz in Century City Sheppard, Mullin, Richter & Hampton LLP is pleased to announce that David Schwarz has joined the firm’s Century City office as a partner in the Business Trial practice group. Schwarz was most recently a partner at Irell & Manella LLP, where he was co-chair of the appellate practice group. This press release features multimedia.
Congress Continues to Focus on Prescription Drug Pricing | Lexology
The House and Senate continue to focus on prescription drug pricing though it is unclear whether any of the proposals currently pending in either chamber will become law. On December 6th, Senators Grassley and Wyden introduced an updated version of the bipartisan Prescription Drug Pricing Reduction Act (the “PDPRA”). Senate leadership, however, appears to be in no rush to vote on the bill.
BREAKING NEWS: USDA Releases Interim Final Hemp Rule
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Information Blocking And The Right To Access Initiative: Why Patients Struggle to Obtain their Medical Records and what the Office of Civil Rights Intends to Do About It | Sheppard Mullin Richter & Hampton LLP - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Third Circuit Reversal a Pyrrhic Win for SEC in Ongoing Statute of Limitations Saga | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CFIUS Proposes Rules to Implement FIRRMA
Friday, September 20, 2019 Key Takeaways: Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”). Critical technologies is defined to include certain items subject to export controls along with emerging and foundational technologies under the Export Control Reform Act of 2018.
Driver’s License: Copyright Infringement in the World of Street Art
September 19, 2019 For Manufacturers, “It’s Déjà Vu All Over Again!” by: Matthew T. Miklave Considerations in Selecting an Investigator by: Patrick J. Rocks and Kristin L. Bauer Driver’s License: Copyright Infringement in the World of Street Art by: Sheppard, Mullin, Richter, & Hampton LLP California CCPA: Golden State Variations by: Peter F. McLaughlin DOL’s September Opinion Letters Address CBA and FMLA Conflicts and...
Nota Bene Episode 50: Who is Filling the International Divergence in Climate Change Regulation? with Nico van Aelstyn | Lexology
With crucial existing environmental regulations being threatened with rollbacks by the government and the Earth’s sustainability becoming more dire, the Federal government, the states, and businesses are in a head to head battle for the future of environmental policies. Is there hope for our planet? Michael's guest in this episode is Nicholas W. (“Nico”) van Aelstyn, a partner in the Real Estate, Land Use and Environmental Practice Group in the Sheppard Mullin San Francisco office.
“Addressing Video Game Claims Under the Phillips Standard at the PTAB”
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Celebrity Entertainer Sues Over Video Game Avatar
Thursday, August 22, 2019 As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased opportunity comes increased risk. A New York Supreme Court recently addressed this risk when it construed the State’s right of publicity statute[1] in a dispute over an NBA 2K18 video game avatar. In Champion v.
French Regulator Says "Oui" to GDPR Fines for Under-Protected and Over-Retained Data | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CARU Takes Action Against Two More Mobile Apps
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Open Source Software Policies – Why You Need Them And What They Should Include | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CARU Takes Action Against Two Kid Mobile Apps
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Delaware Chancery Court Provides Useful Guidance for Protecting Pre-Merger Privileges in Post-Closing Litigation Between Buyers and Sellers
June 05, 2019 The California Consumer Privacy Act Series Part 1: Applicability by: India K. Scarver and Elliot Golding Delaware Chancery Court Provides Useful Guidance for Protecting Pre-... by: John P. Stigi III In Medical Malpractice, “Causation” is Often the Most Difficult... by: Michael C. Ksiazek Huge TCPA Verdicts Piling Up: New Jury Verdict Yields Up To $267MM... by: Eric J. Troutman EMR Company Suffers Double Whammy After HIPAA Breach by: Kristen A.
FinCEN – We Will Identify Where Compliance Is Not Taking Place And Take Appropriate Action | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Nota Bene Episode 35: Implementing Blockchain Technology to Improve Operations with James Gatto | Lexology
Blockchain stands to be the most disruptive technology in the world. Its adoption by multinationals is crucial to their success. How can the C-Suite best use this technology to improve the efficiency of operations and gain advantages in areas including security, shipping, payments, and supply chain? Joining host Michael Cohen to share his insight on this topic is James Gatto.
State Aid in Belgium | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Overview Policy and track record Outline your jurisdiction’s state aid policy and track record of compliance and enforcement. What is the general attitude towards subsidies in your system? Belgium grants on average less state aid than other member states, excluding in the railways sector.
Faces and Names: Modern Issues in Athlete Publicity Licensing
Wednesday, April 10, 2019 California Senate Bill 206,[1] the “Fair Pay to Play Act,” was amended again last month, and is making its way through the legislature under sponsorship by Sen. Nancy Skinner-D and Sen. Steven Bradford-D. If passed, the new law would pave the way for college athletes in California to earn compensation—including a stipend or other financial incentive from the college itself—for licensing their name, image, or likeness.
Update to Texas v. United States | Lexology
USA
April 4 2019 In our December blog post, we discussed Texas v. United States, No. 19-10011 (5th Cir.), a Texas federal district court decision which struck down the entirety of the Affordable Care Act (“ACA”). The case is being appealed to the United States Court of Appeals for the Fifth Circuit, although a hearing date has not been scheduled.
Israel Expresses Concerns Over Investment Fund Security Measures
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Up-to-date Information on Corporate & Securities Law Home > Securities Litigation > United States Supreme Court Holds That Knowing Dissemination of False Statements Made by Others Can Constitute Primary “Scheme Liability” In Violation of Rule 10
Monday, April 1, 2019 In Lorenzo v. Securities & Exchange Comm., No. 17-1077, 2019 WL __________ (U.S. Mar. 27, 2019), the Supreme Court of the United States (Breyer, J.) held that an individual who did not “make” a false or misleading statement within the meaning of Janus Capital Group, Inc. v.
Federal Circuit Weighs in on Patent Subject-Matter Eligibility of Dietary Supplements
Daniel Yannuzzi is a partner and co-chair of the Intellectual Property Practice Group. He advises clients in all areas of intellectual property law, including patent and other intellectual property litigation, strategic portfolio development, technology licensing, and transactional matters. Mr. Yannuzzi has extensive experience advising high-technology companies and their stakeholders on complex, business-critical IP matters.
Not Every (Open Source) Cloud Has A Silver Lining | Lexology
The use of open source software and cloud-based computing individually are growing at a rapid pace. The use of open source in cloud deployments is also growing. Until recently, the OSS license issues with cloud deployments have been fairly straightforward. It is well known that certain OSS licenses have some significant legal implications (detailed below) but that these implications are triggered when software programs that use OSS are distributed.
The Enemy Within: The Soft Underbelly of Cybersecurity
“Cybersecurity” is a term that occupies virtually everyone these days. The list of U.S. government agencies that have been hacked seemingly grows with each passing day and includes the White House, the Pentagon, the State Department, the Office of Personnel Management, the National Oceanographic and Atmospheric Administration, and even the U.S. Postal Service.
HIMSS19 Brings Together Thought Leaders on IOT and Telehealth | Lexology
In our February 13, 2019 blog post, “HIMSS19 Kicks-Off Addressing Leading Topics in Healthcare Information Technology,” we reported on the buzz that emerged from the first two days of the Healthcare Information and Management Systems Society’s (HIMSS) annual global conference that commenced on February 11, 2019.
Challenges in Filing Successful IPR Petitions for Video Game Patents
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Nota Bene Episode 11: The Proliferation of Platforms and Their Role in Our Economy | Lexology
Platforms and platform technologies like Amazon, Google, Apple, Uber, Payment Networks and Facebook have been the subject of much regulatory focus as of late. Are potential regulations of these platforms a little too soon and a little too restrictive? Are we risking stifling innovation? Using the recent American Express anti-steering Supreme Court of the U.S. case, we explore the issues facing platforms, participants, and regulators. Joining host Michael Cohen is Nady Nikonova.
Ohio Gives Breach Safe Harbor for Companies with Written Data Security Program | Lexology
Effective November 2, 2018, companies that suffer a breach may have certain defenses in Ohio if they have a written cybersecurity program in place. Under this new law, companies can use as an affirmative defense the existence of a cyber program in rebuttal to an argument that they failed to implement reasonable information security controls, and that failure resulted in a breach.
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