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HTMLDepartment of Labor Attempts to Take Broad View of Joint Employment Status
Alan E. Colley, Craig S. Friedman, Michael J. Gray, Brian M. Jorgensen; Jones Day;
Legal Alert/Article
February 9, 2016, previously published on January 28, 2016
On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division issued Administrator’s Interpretation No. 2016-1, which the agency describes as guidance for employers on joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...

 

Adobe PDFFCPA 2015 Year In Review
Theodore T. Chung, Richard H. Deane, Karen P. Hewitt, Henry Klehm, Hank Bond Walther; Jones Day;
White Paper
February 9, 2016, previously published on January 2016
In 2015, a year after the DOJ resolved several long-term and large-dollar FCPA investigations, the most significant FCPA story was the sharp decrease in both the number and size of the DOJ’s corporate FCPA resolutions. This slowdown may only be a temporary downturn, though, because the DOJ...

 

HTMLRevised DFARS Interim Rule Regarding Cybersecurity Responds to Industry Concerns
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
February 2, 2016, previously published on January 2016
After collecting feedback from industry representatives, the Department of Defense ("DOD") recently revised the Defense Federal Acquisition Regulations Supplement ("DFARS") interim rule on required cybersecurity measures for defense contractors (the "December 30 Interim...

 

HTMLDebate About "Golden Leash" Payments to Director Nominees Continues
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
January 19, 2016, previously published on January 2016
In the past few years, much attention has been paid to the issue of special compensation arrangements sometimes paid by so-called activist shareholders to their director nominees in proxy fights. Activists claim that these arrangements provide appropriate compensation for insurgent director...

 

HTMLEPA Launches Online eDisclosure Portal
Casey F. Bradford, Jennifer M. Hayes, Anna Claire Skinner, Charles T. Wehland; Jones Day;
Legal Alert/Article
January 12, 2016, previously published on January 2016
On December 9, 2015, the U.S. Environmental Protection Agency ("EPA") unveiled[1] a new, web-based "eDisclosure" system that allows regulated entities to submit self-disclosures regarding violations uncovered in circumstances meeting the requirements of the Audit Policy[2] and...

 

HTMLParis Agreement Sets the Stage for Global Greenhouse Gas Emission Reductions
Mary Beth Deemer, Alina Fortson, Jennifer M. Hayes, Anna Claire Skinner, Charles T. Wehland; Jones Day;
Legal Alert/Article
January 11, 2016, previously published on December 2015
On December 12, 2015, 195 countries adopted the first global agreement addressing climate change. The Paris Agreement was adopted following two weeks of negotiations during the 21st Conference of the Parties ("COP21") to the United Nations Framework Convention on Climate Change...

 

HTMLAir Permits Don't Stop Neighbors' Nuisance Claims
Casey F. Bradford, Alina Fortson, Charles T. Wehland; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
On November 2, 2015, the United States Court of Appeals for the Sixth Circuit issued opinions in two cases presenting the issue of whether the federal Clean Air Act ("CAA") preempts state common law claims against sources. In both cases, the Sixth Circuit ruled that the state law claims...

 

HTMLNew Decision Raises the Bar for FTC Enforcement Actions Over Data Security Practices
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Jeffrey Rabkin, Gregory P. Silberman; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 18, 2015
A decision on November 13, 2015 has raised the bar for Federal Trade Commission ("FTC") enforcement actions over data security practices. (In re LabMD, Inc., F.T.C. ALJ, No. 9357, (11/13/15)). In order for the FTC to maintain an enforcement action under Section 5 of the Federal Trade...

 

HTMLThe Ninth Circuit Reins In the Equitable Mootness Doctrine
Danielle Barav-Johnson, Mark G. Douglas; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November/December 2015
Since the development of the doctrine of equitable mootness nearly a quarter century ago, courts have struggled to apply it in a way that strikes the appropriate balance between the need to ensure the finality and certainty of a chapter 11 plan for stakeholders, on the one hand, and the need to...

 

Adobe PDFSignificant Changes to the Federal Rules of Civil Procedure Expected to Take Effect December 1, 2015: Practical Implications and What Litigators Need to Know
Laura E. Ellsworth, Irene Savanis Fiorentinos, Joshua L. Fuchs, Gregory R. Hanthorn, Carmen G. McLean; Jones Day;
Legal Alert/Article
September 28, 2015, previously published on September 2015
On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP” or “Rules”) (“April 2015 Rules”).1 The April 2015 Rules will take effect on December 1, 2015, unless Congress enacts...

 


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