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Adobe PDFStay or Go! Tracking District Court Stays Pending Parallel USPTO Post-Grant Review Proceedings
David B. Cochran, John A. Marlott, Scott B. Poteet, Peter G. Thurlow; Jones Day;
Legal Alert/Article
July 16, 2014
Recent data from the U.S. Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") indicates that 80 percent of inter partes review ("IPR") and 90 percent of covered business method ("CBM") review proceedings are directed to patents...


HTMLFifth Third Bancorp v. Dudenhoeffer: Supreme Court Rejects "Presumption of Prudence" for Stock Drop Cases
M. Travis DeHaven, Daniel C. Hagen, Alan S. Miller, Evan Miller, Sara R. Pikofsky; Jones Day;
Legal Alert/Article
July 10, 2014, previously published on June 2014
On June 25, the United States Supreme Court issued its decision in Fifth Third Bancorp v. Dudenhoeffer, a decision that had been highly anticipated by the ERISA bar. The question before the Court was whether the so-called Moench presumption of prudence applied to a motion to dismiss. Rather than...


Adobe PDFSupreme Court Decision in Halliburton II Affords Welcome Tool to Defendants
Michael L. Davitt, N. Scott Fletcher, William S. Freeman, Robert W. Gaffey, Peter J. Romatowski; Jones Day;
Legal Alert/Article
July 1, 2014, previously published on June 2014
On June 23, the United States Supreme Court issued its highly anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 ("Halliburton II"), ruling that defendants may defeat class certification in securities fraud cases if they show that alleged misrepresentations...


HTMLTaking Sides - lyondell Limits the Use of the Section 546(e) Safe Harbor in Fraudulent Transfer Litigation
Amanda Suzuki; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on May/June 2014
In Weisfelner v. Fund 1 (In re Lyondell Chem. Co.), 503 B.R. 348 (Bankr. S.D.N.Y. 2014), the U.S. Bankruptcy Court for the Southern District of New York held that the "safe harbor" under section 546(e) of the Bankruptcy Code for settlement payments made in connection with securities...


HTMLGoDaddy.com, LLC v. Toups—A Texas Appellate Court Draws on Iqbal/Twombly to Apply the New Texas Rule on Motions to Dismiss
Thomas F. Allen, N. Scott Fletcher, Jeffrey L. Mills, Elizabeth G. Myers; Jones Day;
Legal Alert/Article
May 16, 2014, previously published on May 2014
Historically, disposing of groundless claims at the pleading stage in Texas trial courts has been difficult. Absent clear grounds for dismissal based on jurisdiction, limitations, or other legal doctrines, defendants generally filed an answer, engaged in discovery, and moved for summary judgment as...


HTMLThe Heartbleed Bug: Data Breach and Liability Risks
Richard J. Johnson, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
April 24, 2014, previously published on April 2014
It seems that every other day we learn about a new data security threat or compromise. The so-called "heartbleed bug," or CVE-2014-0160 for those technically inclined, is the latest reported data security vulnerability, and it requires an immediate and swift response. The bug was recently...


HTMLUnited States Court of Appeals Holds SEC's Rules Regarding Conflict Minerals Violate First Amendment
Bradley C. Brasser, Charles T. Haag, J. Eric Maki, Joel T. May, Kimberly J. Pustulka; Jones Day;
Legal Alert/Article
April 21, 2014, previously published on April 2014
On April 14, 2014, the United States Court of Appeals for the District of Columbia Circuit held that a portion of the conflict minerals rules adopted by the SEC pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) violates the First...


HTMLNGP v. ATP: Should Overriding Royalty Interest Owners Be Concerned?
Paul M. Green, Thomas A. Howley, Jeffrey A. Schlegel, William P.M. Schwind; Jones Day;
Legal Alert/Article
March 25, 2014, previously published on March 2014
A recent bankruptcy court decision denying a royalty owner's motion for summary judgment is highly relevant to any investor that currently owns a term royalty interest or is considering such an investment. The United States Bankruptcy Court for the Southern District of Texas found in NGP Capital...


HTMLOklahoma Attorney General's Lawsuit against Chinese Manufacturer Latest in Trend of Antitrust Actions by U.S. States
Roberto C. Castillo, Thomas R. Jackson, J. Bruce McDonald, Thomas D. York; Jones Day;
Legal Alert/Article
March 24, 2014, previously published on March 2014
The Oklahoma Attorney General has brought a state law action against a Chinese manufacturer of valves used in the petroleum industry, alleging the manufacturer's use of pirated software has lowered its costs and thereby allowed the manufacturer unlawfully to undercut the prices of Oklahoma...


HTMLU.S. Supreme Court Extends Sarbanes-Oxley Whistleblower Protections to Employees of Private Contractors
Aaron L. Agenbroad, Joanne R. Bush, Wendy C. Butler, Terri L. Chase, Lawrence C. DiNardo; Jones Day;
Legal Alert/Article
March 18, 2014, previously published on March 2014
Employees of private companies that serve as contractors to public companies are covered by the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 ("SOX"), the United States Supreme Court ruled recently. Jones Day participated as amicus curiae on behalf of the U.S....


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