Jones Day Houston, TX Document Search Results (18)
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|DOJ Brings "Gun Jumping" Enforcement Action and Requires Disgorgement|
Kathryn M. Fenton, J. Bruce McDonald, Thomas D. York; Jones Day;
December 16, 2014, previously published on November 2014The U.S. Department of Justice has announced the settlement of an enforcement action challenging illegal "gun jumping," which is the coordination of the business activities of companies that are planning a merger but where the government has not completed its pre-closing review of the...
|DIP Lender's Knowledge of Adverse Claim to Collateral Scuttles Mootness Bar to Appeal of Financing Order Based on "Good Faith"|
Mark G. Douglas, Paul M. Green, Thomas A. Howley; Jones Day;
December 16, 2014, previously published on November/December 2014The Bankruptcy Code provides certain protections to buyers of bankruptcy estate assets and to entities that extend credit or financing to a trustee or chapter 11 debtor-in-possession ("DIP"). However, these safe harbors are available only if a buyer or lender is deemed to have acted in...
|Energy Update: Risk and Opportunity Amid Falling Oil Prices|
Jonathan M. Fisher, Thomas A. Howley, William Prescott Mills, Omar Samji, Jeffrey A. Schlegel; Jones Day;
December 16, 2014, previously published on December 2014The mainstream media have been trying to predict, on almost a daily basis, the causes of, and the winners and losers (mostly focused on the latter category) resulting from, the current volatility in oil and gas prices. Regardless of the cause, as of the end of November 2014, the American price for...
|Australia Court Rejects Antitrust Challenge to Air Cargo Cartel, Finding "No Market in Australia"|
Sébastien J. Evrard, John M. Majoras, J. Bruce McDonald, Prudence J. Smith, Nick Taylor; Jones Day;
December 10, 2014, previously published on November 2014The Federal Court of Australia has dismissed the court action brought by the Australian Competition and Consumer Commission (ACCC) relating to air cargo price fixing. The lawsuit was commenced against 15 international airlines, but ultimately pursued against just two airlines, Air New Zealand and...
|Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions|
Scott W. Cowan, Kent W. Lindsay, Andrew D. Ness, William R. Taylor, J. Laurens Wilkes; Jones Day;
November 12, 2014, previously published on October 2014The Texas Supreme Court held that a no-delay-damages provision cannot shield an owner from liability for deliberately and wrongfully interfering with a contractor's work. Zachry Constr. Corp. v. Port of Houston Auth., No. 12-0772, 2014 Tex. LEXIS 768, at *43 (Tex. Aug. 29, 2014). The court not only...
|Arbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration|
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
October 16, 2014, previously published on October 2014Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...
|Private Investment in Mexican Natural Resources|
José Estandía, Mauricio E. Llamas C., William P.M. Schwind, Alberto de la Parra Z.; Jones Day;
October 6, 2014, previously published on September 2014A hallmark of the constitutional amendments of December 20, 2013, is the opening of the Mexican oil and gas sector to private participation. The National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos, "CNH") now has the authority and ability to grant licenses and to...
|Mexico's New Regulatory Framework for Oil and Gas|
José Estandía, Mauricio E. Llamas C., William P.M. Schwind, Arturo de la Parra R.; Jones Day;
September 23, 2014, previously published on September 2014The following is the first chapter in a four-part Commentary discussing the groundbreaking reforms to Mexico's oil and gas sector. The Commentary chapters and their publication dates are as follows:
|Texas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals|
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
August 21, 2014, previously published on August 2014In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...
|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...