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115 results found

Article

Sheppard Mullin Richter & Hampton LLP | USA | 30 May 2017

7th Circuit Issues Ruling That Waiver of Statutory Rights under FLSA in Collective Bargaining Agreement Must Be Clear and Unmistakable

On May 15, 2017, the Seventh Circuit issued its ruling in Vega v. New Forest Home Cemetery, LLC, finding that an employee was not barred from bringing

Article

Sheppard Mullin Richter & Hampton LLP | USA | 5 May 2017

Part VI: An Update on the American Health Care Act

In Part V of our blog series, Very Opaque to Slightly Transparent: Shedding Light on the Future of Healthcare, we outlined some of the key provisions

Article

Sheppard Mullin Richter & Hampton LLP | USA | 2 Feb 2017

Trump Initiates Ideological Shift in Administration of EEOC and NLRB

President Donald Trump signaled an ideological shift in the U.S. Equal Employment Opportunity Commission and National Labor Relations Board, through

Article

Sheppard Mullin Richter & Hampton LLP | USA | 26 Sep 2016

OIG Issues Report On Hospice Election Statements

On September 16, 2016, the Office of Investigator General for CMS issued a report on hospice election statements, concluding that many of the

Article

Sheppard Mullin Richter & Hampton LLP | USA | 26 Aug 2016

Ninth Circuit Invalidates Arbitration Agreement with Class Action Waiver

On August 22, 2016, the Ninth Circuit joined the Seventh Circuit in the split amongst U.S. Circuit Courts of Appeal on the issue of enforceability of

Article

Sheppard Mullin Richter & Hampton LLP | USA | 15 Jul 2016

CMS Proposes ALJ Hearing Changes

As most hospice providers know all too well, CMS faces an ever growing backlog of ALJ cases. This backlog stems in large part from aggressive audit

Article

Sheppard Mullin Richter & Hampton LLP | USA | 30 Jun 2016

Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower’s Decision To File Bankruptcy

In a recent decision, the U.S. Bankruptcy Court for the District of Delaware refused to enforce a provision in the debtor’s LLC operating agreement

Article

Sheppard Mullin Richter & Hampton LLP | USA | 1 Apr 2015

Court severs term but otherwise enforces arbitration provision with a class action waiver

In a victory for Sheppard Mullin and its client, in Trabert v. Consumer Portfolio Serv., Inc., __ Cal. App. 4th. __, 2015 WL 880949 (4th Dist. Mar. 3

Article

Sheppard Mullin Richter & Hampton LLP | USA | 26 Mar 2015

Arbitration agreement with PAGA waiver and opt out provision deemed unenforceable

Last month, a California Court of Appeal invalidated an arbitration agreement for including a representative action waiver combined with a

Article

Sheppard Mullin Richter & Hampton LLP | USA | 22 Jan 2015

Implied waiver of privilege in internal investigations: Barko Court compels production of internal investigation documents, again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root ("KBR") to produce all documents

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