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Results: 1-10 of 1,261

Preemption not dead: servicers of student loans achieve significant victory in Ninth Circuit preemption case

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 2 2010

In Chae v. SLM Corporation, No. 08-56154 (9th Cir. January 25, 2010), the U.S. Court of Appeals for the Ninth Circuit held that the federal Higher Education Act (the "HEA") preempts student borrowers' ("Plaintiffs") claims that Sallie Mae, Inc.'s ("Sallie Mae") interest rates, late fees, and payment schedules violate California law

Reliance on statutory requirements to mitigate environmental impacts proper under CEQA

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • June 28 2011

In this case, the Court of Appeal for the First Appellate District rejected all of petitioner’s arguments regarding the adequacy of the seismic impact analysis and mitigation measures in a revised Environmental Impact Report (“EIR”) prepared for a project that proposed to convert 64 acres of maritime and industrial land along Oakland’s waterfront into residential, retailcommercial, open space and marina uses (“Project”

Employees' expectations of privacy limited when using company-issued electronic devices

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • June 23 2010

On June 17, 2010, the United States Supreme Court issued its opinion in the case of Quon v Arch Wireless Operating and The Ontario Police Department

YSL fights back by seeking to cancel Louboutin's red sole trademark

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 29 2011

As we previously reported here, Christian Louboutin ("Louboutin") filed a lawsuit against Yves Saint Laurent ("YSL") in early April, alleging that YSL and its affiliated companies violated Louboutin's red sole trademark by selling women's shoes with red uppers and outsoles alleged to be virtually identical to Louboutin's red sole trademarks

Federal Circuit redesigns design patent infringement analysis

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • September 25 2008

The United States Court of Appeals for the Federal Circuit clarified the law of design patents on Monday (September 22, 2008), with its ruling in Egyptian Goddess, Inc. v. Swisa, Inc

Between Cher and Joe Montana - when is it okay to use a person's image to advertise a protected use of that image?

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 10 2008

In deciding whether the unauthorized use of a third party’s name, voice, likeness or persona (collectively, “Image”) violates such third party’s publicity rights, the first level of inquiry is whether the use is properly categorized as a “commercial” or a “non-commercial” use

Second Circuit Court of Appeals rules that antitrust complaint satisfies Twombly pleading standards

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 17 2010

On January 13, 2010, the U.S. Court of Appeals for the Second Circuit reversed a district court’s dismissal of a class action lawsuit accusing the major record companies of conspiring in violation of the antitrust laws to fix the prices for music purchased on the Internet

Inflexible medical leave policies may violate the Americans with Disabilities Act

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • September 4 2009

On August 27, 2009, the U.S. Equal Employment Opportunity Commission filed a putative class action against United Parcel Service, Inc. claiming the company’s 12-month leave of absence policy violates the Americans with Disabilities Act of 1990 (“ADA”

Ninth Circuit rules that D&O policies' "insured versus insured" exclusion applies to debtors-in-possession and assignee creditors during bankruptcy proceedings

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 22 2009

In Biltmore Assocs., LLC v. Twin City Fire Insurance Co., 2009 WL 1976071 (9th Cir. July 10, 2009), the United States Court of Appeals for the Ninth Circuit applied the “insured versus insured” exclusion, common in directors’ and officers’ insurance policies (“D&O insurance”), to prevent a creditors’ trust from collecting on a D&O insurance policy under a claim assigned to it from a debtor-in-possession

Court says okay to terminate bipolar employee who threatened coworkers

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • April 20 2011

Before filing suit under the California Fair Employment and Housing Act ("FEHA"), an employee must exhaust her administrative remedies with the Department of Fair Employment and Housing ("DFEH"