Searching Content indexed under Civil Law by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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New York DFS Consumer Protection And Financial Enforcement Division: New Name, New Look, Old Mandate
On April 29, 2019, just months into her new job at the New York State Department of Financial Services ("DFS"), acting DFS Superintendent Linda Lacewell announced a significant reorganization
United States
12 Jun 2019
Head's Up: Changes Made To Civil Code Section 1542
Civil Code section 1542 waivers are commonly included in a myriad of transactional documents and typically coupled with "as is" provisions.
United States
24 Jan 2019
Proposed Legislation May Significantly Limit Class Action Litigation In Federal Court
Representative Bob Goodlatte (R-VA) has introduced the Fairness in Class Action Litigation Act of 2017, which would significantly change the federal class action landscape by creating several procedural mechanisms designed to head off lawyer-driven class action litigation.
United States
13 Mar 2017
Delaware Supreme Court Confirms That Dilution Claims Typically Are Derivative And Are Extinguished After A Merger
Stockholder claims alleging wrongful dilution are typically considered to be derivative in nature.
United States
24 Jan 2017
Just Between Us: Buyer Of Rothko Painting Sued For Breach Of Confidentiality
Confidentiality provisions are not a new or novel inclusion in agreements for the sale of assets, let alone the sale of artwork.
United States
14 Nov 2016
Colorado Supreme Court Determines Cities' Fracking Bans Preempted By State Law
The City of Longmont completely banned the fracking process within the city's limits; whereas, the City of Fort Collins enacted a five-year moratorium on the fracking process.
United States
25 Aug 2016
No Change Of Position, No Estoppel
Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position.
United States
19 Jan 2015
Second Circuit Rejects The Application Of American Pipe's Tolling Rule And Rule 15(c)'s "Relation Back" Doctrine To The Three-Year Statute Of Repose For Section 11 And 12(a) Claims
In a recent case, the United States Court of Appeals for the Second Circuit held that the tolling rule established by the United States Supreme Court in an older case, which suspends the applicable statute of limitations for putative class members upon the commencement of a class action, does not apply to the three-year statute of repose contained in Section 13 of the Securities Act of 1933.
United States
22 Jul 2013
Second Circuit Imposes Individual Liability On New York Mayoral Candidate For Fair Labor Standards Act Settlement
The United States Court of Appeals for the Second Circuit issued its opinion in Torres et al. v. Gristedes Operating Corp. et al., affirming the Southern District of New York's imposition of individual "employer" liability on New York City mayoral candidate and supermarket owner and executive John Catsimatidis for settlement payments arising from a Fair Labor Standards Act class action litigation.
United States
17 Jul 2013
BONDing With NPE's - The Requirement For Security For Costs Or Expenses Under Section 1030 Of The California Code Of Civil Procedure
An often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the Federation of Saint Kitts and Nevis, against California residents for allegedly dealing with copyright infringing content through use of BitTorrent software.
United States
10 Apr 2013
Executive Order Suspending New York State Statutes Of Limitations To Expire On December 25, 2012
Updating our blog post from November 7, 2012, Governor Andrew Cuomo issued Executive Order 81 on November 20, 2012. Executive Order 81 states that "[t]he suspension of provisions of law ordered by Executive Order Number 52 shall continue through December 25, 2012[.]"
United States
31 Dec 2012
Governor Cuomo Issues Executive Order Suspending Statutes Of Limitations Due To Hurricane Sandy
On October 31, 2012, Governor Andrew Cuomo issued Executive Order 52, which effectively suspends the statute of limitations for any claim where the time to file such claim expired on October 26, 2012 or later, until further notice.
United States
15 Nov 2012
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