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Adobe PDF“Ban the Box”: A Discussion of State and Local Laws Restricting Inquiries into an Applicant’s Criminal History
Fred W. Alvarez, Eric S. Dreiband, Brian M. Jorgensen, Alison B. Marshall; Jones Day;
Legal Alert/Article
September 19, 2014, previously published on September 2014
Over the last several weeks New Jersey, Illinois, the District of Columbia, and San Francisco have joined the ranks of states and local governments across the country that have adopted so-called "ban the box" laws or ordinances. Generally, these rules prevent employers from asking about...


HTMLThe 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;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Spoliation 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...


HTMLBackoff Point-of-Sale Malware: Here We Go Again
Richard J. Johnson, Mauricio F. Paez; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on August 2014
The 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...


HTMLFederal Communications Commission Requests Comments on Effectiveness of Cybersecurity Recommendations
Richard J. Johnson, Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The 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.


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...


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