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New appellate decision applies Brinker to require certification of certain meal and rest claims
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 13 2013
On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II). This was a
California Court of Appeal allows injunction under unfair competition law to prevent horizontal competitor from diverting business through unlawful means
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 13 2013
For many years, California's Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004
Ninth Circuit holds that federal securities laws preempt California Labor Code's ban on forced patronage at brokerage firms
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 9 2013
In McDaniel v. Wells Fargo Investments, LLC, Nos. 11-17017, 11-55859, 11-55943, 11-55958, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the United States
District Court grants motion to compel against SEC, holding that "facts" are not work product in SEC confidential witness interviews
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 1 2013
In a recent Securities & Exchange Commission ("SEC") investigation, the SEC interviewed three persons who had proffer agreements with the SEC and
Federal jury finds executive recruiter guilty stealing trade secrets from former employer in order to start competing business
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 1 2013
On April 24, 2013, a federal jury in the Northern District of California found former KornFerry International corporate executive recruiter, David
First Department upholds Commercial Division decision striking parties' answer and entering default judgment as a sanction for discovery violations
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 30 2013
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep't April 4, 2013), the Appellate Division, First Department affirmed an Order
Transfer $8 million out of accounts in New York? That action alone is not sufficient to establish personal jurisdiction
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 30 2013
In Henkel v. Masiero, Index No. 6504252012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the "Opinion"), the Supreme Court (J. Bransten) granted the
Playing cards with a government that stacks the deck - D.C. District Court radically expands the "Christian doctrine" to subcontracts
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 29 2013
On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on
Teaming agreements called into question under Virginia law
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 29 2013
In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law
Yes Rasta! Appropriate appropriation: Second Circuit holds that commentary on original work unnecessary for fair use defense, only transformative quality required
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- April 26 2013
In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for
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