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Delaware Supreme Court holds that a minority stockholder has no common law right to a conflict-free board decision regarding the repurchase of shares
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 30 2014

In Blaustein v. Lord Baltimore Capital Corp., No. 272, 2013, 2014 Del. LEXIS 30 (Del. Jan. 21, 2014), the Delaware Supreme Court held that a


A reminder that FCA can be used for customs enforcement
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 30 2014

On Nov. 14, 2013, the U.S. Department of Justice announced a False Claims Act settlement with Basco Manufacturing Company, a maker of shower


If it’s not in writing, it didn’t happen: oral promises to modify a loan are not enforceable
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 29 2014

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v


You Can’t Always Get What You WantSecond Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 12 2017

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act


Principal architects on residential projects liable for construction defects outside their control; developers and owners may pay the price
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 16 2014

On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. V. Skidmore, Owings & Merrill, LLP


“Ban the Box” and Background Checks - Recent Trends and Movements
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 12 2017

Retailers and other employers regularly consider the backgrounds of job applicants and employees when making personnel decisions. It is not illegal


Ninth Circuit thinks inside the bun, applies traditional agency principles to dismiss putative TCPA class action claims against Taco Bell Corp.
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 17 2014

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in


Delaware Chancery Court denies advancement claim brought by former director where subsequent by-law amendment retroactively limited advancement rights of former directors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 2 2008

In Schoon v. Troy Corporation, 948 A.2d 1157 (Del. Ch. 2008), the Delaware Chancery Court held that a former director is not entitled to advancement rights where a later board-approved amendment to the corporation’s by-laws cut off such rights


Employer that reviewed text messages violated employee's right to privacy
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 5 2008

A company can be liable for violating its employees' privacy rights when it looks at the content of their text messages, even when the text-messaging devices were provided by the company, held the Ninth Circuit Court of Appeals


HUD audits claim First Magnus marketing and volume-based incentive arrangements violated RESPA
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 26 2008

HUD's Office of Inspector General (OIG) recently completed audit reports with respect to marketing, noncompetition and volume-based incentive arrangements entered into by First Magnus Financial Corporation, and concluded that these arrangements violated the Real Estate Settlement Procedures Act ("RESPA"