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HTMLThird Circuit Affirms the FTC's Authority to Regulate and Enforce Data Security
Richard J. Johnson, Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Jeffrey Rabkin; Jones Day;
Legal Alert/Article
September 1, 2015, previously published on August 2015
In FTC v. Wyndham Worldwide Corp., No 14-3514, -- F.3d-- (3d Cir. Aug. 24, 2015), the Third Circuit issued an important decision affirming a United States District Court of New Jersey ruling that the Federal Trade Commission ("FTC") has authority under Section 5 of the Federal Trade...


HTMLMach Mining, LLC v. EEOC: Supreme Court Holds that Courts May Engage in Limited Review of EEOC Conciliation Efforts
Eric S. Dreiband, Brian M. Jorgensen, Alison B. Marshall; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
On April 29, 2015, the United States Supreme Court unanimously held that courts have authority to review whether the U.S. Equal Employment Opportunity Commission ("EEOC") has fulfilled its Title VII duty to attempt conciliation. Justice Elena Kagan's opinion clarified, however, that...


HTMLCoupon Discounts Raise Sales Tax Issues for Retailers
John M. Allan, Kirk R. Lyda, Tamara Marinkovic, Deborah Savarese Sloan, Emmanuel E. Ubiñas; Jones Day;
Legal Alert/Article
May 13, 2015, previously published on May 2015
Contingent fee lawyers across the country continue to throw their hats in the sales tax ring, filing lawsuits against retailers who honor discount coupons, alleging they overcharge consumers for taxes. Individual and class action lawsuits are being filed contending retailers overcollect tax by...


HTMLSEC Proposes Pay versus Performance Disclosure Requirements
Robert T. Clarkson, Stephen P. Coolbaugh, Thomas C. Daniels, Wendy L. Moore Davis, Charles T. Haag; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on May 2015
On April 29, 2015, the SEC issued a proposing release regarding the so-called "pay versus performance" disclosure mandated by Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules would require certain companies registered under Section 12 of...


HTMLTexas Attorney General Settles Alleged Boycott Case
Thomas F. Allen, Thomas R. Jackson, Robert W. Kantner, J. Bruce McDonald, Thomas D. York; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
The Texas Attorney General has settled its challenge to an agreement among sellers of dental supplies that, in the State's view, prevented competition by a new entrant in Texas. This case is a reminder that even local activities may be the subject of antitrust enforcement by state attorneys...


HTMLOnce More Unto the Breach—The New "Fiduciary" Definition
Alan S. Miller, Sara R. Pikofsky; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
On April 14, 2015, the Department of Labor (the "Department") re-proposed regulations (the "Proposed Regulations") that define when someone becomes a fiduciary by reason of providing "investment advice for a fee or other compensation." The Proposed Regulations are the...


HTMLHHS Announces Next Generation ACO Model of Payment and Care Delivery
Thomas E. Dutton, Scott A. Edelstein, David W. Grauer, Calvin P. Griffith, Todd P. Kelly; Jones Day;
Legal Alert/Article
April 24, 2015, previously published on April 1, 2015
On March 10, 2015, the U.S. Department of Health and Human Services (“HHS”) announced the Next Generation Accountable Care Organization Model (“Next Gen ACO Model”), a new initiative sponsored by the Centers for Medicare & Medicaid Services’ (“CMS”)...


Adobe PDFAppellate Review of Patent Trial and Appeal Board Decisions
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson, Jennifer L. Swize, Jeffrey M. White; Jones Day;
Legal Alert/Article
April 10, 2015, previously published on February 2015
Given the statutory mandate that post-grant proceedings before the United States Patent and Trademark Office’s (“USPTO”) newly instituted Patent Trial and Appeal Board (“PTAB”) conclude within one year of institution of the patent’s review, appeals from PTAB...


HTMLU.S. FTC Revises Merger Challenge Rules: Automatic Stay of Administrative Litigation When Agency Loses Preliminary Injunction in Court
Kathryn M. Fenton, Michael H. Knight, Paula W. Render, David P. Wales, Thomas D. York; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
One important procedural difference between merger challenges by the U.S. Department of Justice and the Federal Trade Commission is that FTC may challenge a non-consummated merger through both a district court preliminary injunction and administrative litigation (Part 3 adjudication). Recent...


HTMLState of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...


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