Jones Day Dallas, TX Document Search Results (15)
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|The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework|
Shawn Cleveland, N. Scott Fletcher, Joshua L. Fuchs, Matthew D. Orwig, Deborah Savarese Sloan; Jones Day;
August 21, 2014, previously published on August 2014Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information. Many companies continue to struggle with the burden and expense of various retention requirements in the era of "big data." However, a recent Texas...
|Backoff Point-of-Sale Malware: Here We Go Again|
Richard J. Johnson, Mauricio F. Paez; Jones Day;
August 5, 2014, previously published on August 2014The Secret Service, the National Cybersecurity and Communications Integration Center, and others announced yesterday in a US-CERT Alert (available at www.us-cert.gov/ncas/alerts/TA14-212A) that recent investigations have revealed the use by malicious actors of malware—dubbed Backoff...
|Federal Communications Commission Requests Comments on Effectiveness of Cybersecurity Recommendations|
Richard J. Johnson, Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
August 1, 2014, previously published on July 2014The Federal Communications Commission ("FCC") is seeking industry and public comment on whether it should take further steps to ensure that the U.S. communications industry is sufficiently prepared for cybersecurity threats.
|Stay 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;
July 16, 2014Recent 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...
|Fifth 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;
July 10, 2014, previously published on June 2014On 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...
|Supreme 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;
July 1, 2014, previously published on June 2014On 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...
|Taking Sides - lyondell Limits the Use of the Section 546(e) Safe Harbor in Fraudulent Transfer Litigation|
Amanda Suzuki; Jones Day;
June 11, 2014, previously published on May/June 2014In 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...
|GoDaddy.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;
May 16, 2014, previously published on May 2014Historically, 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...
|The Heartbleed Bug: Data Breach and Liability Risks|
Richard J. Johnson, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
April 24, 2014, previously published on April 2014It 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...
|United 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;
April 21, 2014, previously published on April 2014On 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...