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HTMLA New Sheriff in Town: Newly Regulated Broadband ISPs Get a First Look at FCC-Style Privacy Rules
Thomas F. Allen, Michael B. Hazzard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
Legal Alert/Article
November 16, 2016, previously published on November 2016
The Federal Communications Commission ("FCC"), the nation's regulator of all things telecommunications, has turned its attention to privacy practices at the on-ramp to the internet. In a November 2, 2016, Report and Order, the FCC adopted rules applying the privacy requirements of the...


HTMLThe Voluntary Payment Doctrine Defense Is Alive and Well in Illinois
John M. Allan, Patrick J. Beisell, David E. Cowling, Mark P. Rotatori, E. Kendrick (Ken) Smith; Jones Day;
Legal Alert/Article
August 16, 2016, previously published on August 2016
The issue of tax overcollection has triggered a spate of consumer fraud lawsuits (often in the form of class actions) across the country, and it has affected some of the United States’ largest corporate businesses. On July 5, 2016, the Appellate Court of Illinois (Fifth District) held that...


HTMLSEC Publishes Final Rules Amending the Rules of Practice for Administrative Proceedings
Daniel Vincent Bradley, Harold K. Gordon, Henry Klehm, Joan E. McKown, David Ronald Woodcock; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
On July 13, 2016, the Securities and Exchange Commission ("SEC" or "Commission") voted to adopt amendments to the rules of practice that govern its Administrative Proceedings ("APs").[1] In a press release accompanying publication of the amended rules, SEC Chair Mary...


HTMLFinancial Reporting: 2016 Mid-Year Update
Shawn Cleveland, Laura Jane Durfee, Steven G. Gersten, Anand Varadarajan, David Ronald Woodcock; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
We are pleased to offer our clients and friends this mid-year update on financial reporting and issuer disclosure enforcement activity in 2016. The level of attention regulators are paying to financial reporting and disclosure remains quite high. That has meant not just a large number of...


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...


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