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Adobe PDFDOL Mandates 100% Increase in Minimum Salary to Satisfy Fair Labor Standards Act White Collar Overtime Exemptions
Fred W. Alvarez, Craig S. Friedman, Michael J. Gray, Brian M. Jorgensen, Teresa R. Rodela; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 18, 2016, the U.S. Department of Labor ("DOL") issued its final rule updating and revising the overtime exemptions for executive, administrative, and professional employees under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. (the "Final...


HTMLThe Tide Has Turned: The SEC's Renewed Focus on Non-GAAP Financial Measures
Bradley C. (Brad) Brasser, Robert T. (Bob) Clarkson, Charles T. (Charlie) Haag, Linda A. Hesse, Rory T. Hood; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
For some time, the Securities and Exchange Commission, or SEC, took a noticeably hands-off approach toward the use of non-GAAP (generally accepted accounting principles) financial measures by public companies listed in the United States. However, recent developments have signaled a renewed focus on...


HTMLTexas High Court Finds Texas Uniform Trade Secrets Act Can Exclude Opposing Party from Injunction Proceedings
Thomas F. Allen, Joseph M. (Joe) Beauchamp, Keith B. Davis, Richard J. (Jay) Johnson, Robert W. (Bob) Kantner; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 20, 2016, the Texas Supreme Court issued its first decision interpreting the Texas Uniform Trade Secrets Act. In In re M-I, LLC, an opinion with significant implications, the Supreme Court held that a trial court may exclude a party's corporate representative from preliminary injunction...


HTMLIRS Extends Windpower Developers' Time to Receive Production Tax Credits
Gerald P. (Jerry) Farano, Louis J. Jenull, Andrew P. Mina, Danielle M. Varnell, Todd Wallace; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 5, 2016, the Internal Revenue Service ("IRS") updated guidance regarding the "beginning of construction" requirement for renewable energy facilities seeking to qualify for the production tax credit ("PTC") and the investment tax credit ("ITC")...


HTMLThe DOL's Final "Fiduciary" Rule—Countdown to Implementation Begins in Earnest
M. Travis DeHaven, Alan S. Miller, Sara Pikofsky; Jones Day;
Legal Alert/Article
June 6, 2016, previously published on April 2016
On April 6, 2016, the Department of Labor ("DOL") issued final regulations ("Final Rule") defining who is a fiduciary as a result of giving "investment advice" to an employee benefit plan subject to the Employee Retirement Income Security Act ("ERISA") or an...


HTMLProfessional Rodeo Cowboys Association Bucks Antitrust Claims by Elite Rodeo Association
Thomas F. Allen, Thomas R. (Tom) Jackson, J. Bruce McDonald, Thomas D. (Tom) York; Jones Day;
Legal Alert/Article
May 19, 2016, previously published on February 2016
A Texas federal district court recently rejected an attempt to enjoin preliminarily the Professional Rodeo Cowboys Association from enforcing its bylaws restricting competing activities of its members. Though plaintiffs have since voluntarily dismissed the complaint, the decision on the injunction...


HTMLA First Amendment Right to Disparaging Trademarks?: U.S. Supreme Court Asked to Review Federal Circuit Decision Holding Ban on Disparaging Marks Unconstitutional
Gregory A. (Greg) Castanias, John G. Froemming, Anna E. Raimer, Lauren L. Refinetti, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
Is the Lanham Act's prohibition on the registration of disparaging trademarks invalid under the First Amendment? This question was presented to the U.S. Supreme Court on April 20, 2016, by the U.S. Patent and Trademark Office ("USPTO"), which filed a Petition for a Writ of Certiorari,...


HTMLNew Guidance on Customer Identification in Prepaid and Other Card Programs
David F. Adler, Lisa M. Ledbetter, Ralph F. (Chip) MacDonald, Heith D. Rodman, Albert J. (Al) Rota; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
The U.S. federal banking regulators and the Financial Crimes Enforcement Network ("FinCEN") recently released guidance (the "Guidance") clarifying the applicability of the "know-your-customer" or "customer identification program" regulations (the...


HTMLEnergy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the...


HTMLCybersecurity's Moment and What it Means for Financial Services
Lisa M. Ledbetter, Todd S. McClelland, Mauricio F. Paez, Albert J. Rota, C. Hunter Wiggins; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The recent announcement of President Barack Obama's Cybersecurity National Action Plan, with programs aimed at improving the security of public and private data,[1] is a reminder that cybersecurity—including identifying, defending against, recovering from, and notifying others about cyber...


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