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HTMLFifth Circuit Upholds Verdict Against Steel Manufacturer in Steel Distributors' Per Se Illegal Group Boycott
Joseph M. Cardosi, Joshua L. Fuchs, Thomas R. Jackson, J. Bruce McDonald; Jones Day;
Legal Alert/Article
January 4, 2016, previously published on December 2015
The Fifth Circuit Court of Appeals upheld a $156 million jury verdict against a U.S. Gulf Coast steel manufacturer accused of conspiring with distributors to "boycott" a new distributor by denying it access to steel. Even though the steel manufacturer was responding to pressure from...

 

HTMLImportant New Principles Emerge from UK's First-Ever Deferred Prosecution Agreement and US DOJ Declination
Adam R. Brown, Samir Kaushik, Glyn Powell, Sion Richards, Hank Bond Walther; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
The UK's first-ever deferred prosecution agreement ("DPA") was concluded on 30 November 2015. This unprecedented resolution on which Jones Day acted and which also saw the first use of section 7 of the UK Bribery Act—failure to prevent bribery by employees or associated...

 

HTMLAgreement Reached on the European Reform of Data Protection
Paloma Bru, Dionna J.A. Little, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
After almost four years of heated debate, the EU Parliament, Council, and Commission have reached an agreement on the final form of the General Data Protection Regulation ("GDPR"), the most comprehensive reform of data protection law ever envisaged in the EU's history. It is not an...

 

HTMLFederal Circuit Refines Patent Damages Analysis as to Apportionment and Standard-Essential Patents
Keith B. Davis, David M. Maiorana, S. Christian Platt; Jones Day;
Legal Alert/Article
December 15, 2015, previously published on December 2015
On December 3, 2015, the Federal Circuit vacated a $16 million damages award and remanded for a new determination of a reasonable royalty, agreeing with the district court's apportionment analysis but finding legal error with respect to the court's failure to account for the value due to the patent...

 

HTMLCredit Where Due? Recent Policy Change May Affect Texas Tax Refund Claims
Karen Harriger Currie, Kirk R. Lyda; Jones Day;
Legal Alert/Article
October 23, 2015, previously published on October 2015
Companies that have previously had Texas margin tax business loss carryover ("BLCC") credits denied by the Comptroller should examine whether a recent policy change opens the door to recovering those credits for all years for which limitations remains open. A recent Comptroller hearing...

 

HTMLU.S. and China Agree to Collaborate in Addressing Cyber Theft Scourge
Richard J. Johnson, Michael R. La Marca, Mauricio F. Paez; Jones Day;
Legal Alert/Article
October 6, 2015, previously published on September 2015
The United States and China announced on September 25 that they had reached a "common understanding" to combat "cyber-enabled theft of intellectual property." While the joint statement and accompanying White House Fact Sheet was short on details, President Obama and President Xi...

 

HTMLSEC Flexes Its Muscle on Accounting Fraud and Targets More Individuals
Harold K. Gordon, Henry Klehm, Joan E. McKown, Peter J. Romatowski, David Ronald Woodcock; Jones Day;
Legal Alert/Article
September 21, 2015, previously published on September 2015
The Securities and Exchange Commission recently announced the settlement or filing of a number of significant accounting fraud cases. Coupled with recent statements by the SEC and the Department of Justice, it is clear that accounting fraud is a priority and that individuals are in the cross hairs.

 

HTMLSEC Brings Hiring Practices into FCPA Focus
Henry Klehm, Joan E. McKown, Arielle S. Tobin, David Ronald Woodcock; Jones Day;
Legal Alert/Article
September 10, 2015, previously published on September 2015
The SEC recently fined Bank of New York Mellon ("BNY Mellon") nearly $15 million for allegedly violating provisions of the Foreign Corrupt Practices Act (“FCPA”) by providing student internships to family members of foreign government officials in the Middle East.

 

HTMLTexas Tax Update at a Glance
Kirk R. Lyda, Charolette F. Noel; Jones Day;
Legal Alert/Article
September 2, 2015, previously published on September 2015
It has been a fairly active first part of 2015 for Texas tax issues—legislatively, judicially, and administratively. We will provide a more thorough review in a future edition, but here are the key updates at a glance.

 

HTMLMajor Changes to the Delaware Unclaimed Property Audit and Voluntary Disclosure Regime that Delaware-Formed Entities Should Consider
Mark R. Hall, Charolette F. Noel; Jones Day;
Legal Alert/Article
September 2, 2015, previously published on September 2015
Delaware Senate Bill 141, signed by Governor Mardell on July 22, 2015, makes significant changes to Delaware's procedures relating to unclaimed property audits and voluntary disclosures. Overall, these procedural changes should offer some benefit (or relief) to business entities formed in Delaware....

 


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