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Adobe PDFDeciding Whether to Play or Pay Under the Affordable Care Act - 2014 Updates
Marlene P. Frank, Sarah Heck Griffin, Daniel C. Hagen, Elena Kaplan, F. Curt Kirschner; Jones Day;
Legal Alert/Article
June 25, 2014, previously published on June 2014
The Patient Protection and Affordable Care Act (the “ACA”) added a new Section 4980H to the Internal Revenue Code of 1986, as amended, which generally requires employers to offer health coverage to their employees or face a penalty (the “employer Mandate”). Following are...


HTMLAre Your Construction Contracts' Forum-Selection and Choice-of-Law Clauses Enforceable?
Kent W. Lindsay, Daniel D. McMillan, Andrew D. Ness, Kevin O'Brien, Stephen V. O'Neal; Jones Day;
Legal Alert/Article
June 24, 2014, previously published on June 2014
While typically relegated to the last pages of a construction contract, forum-selection and choice-of-law clauses control every aspect of the parties' respective obligations and liabilities undertaken on a project. Issues like payment, suspension of work and termination, good faith and fair...


HTMLU.S. DOJ Obtains First-Ever Extradition on Antitrust Charge
Eric P. Enson, John M. Majoras, Molly M. Wilkens; Jones Day;
Legal Alert/Article
April 15, 2014, previously published on April 2014
On April 4, 2014, the U.S. Department of Justice ("DOJ") announced its first successful extradition to the United States on an antitrust charge. Romano Pisciotti, an Italian national and a former executive with Parker ITR Srl, was transferred from Germany to the United States last week to...


HTML"Trade Away!" Bankruptcy Court for the Southern District of New York Decides That Original Issue Discount From Fair Value Exchanges Is Allowable in Bankruptcy
Lance Miller, Richard L. Wynne; Jones Day;
Legal Alert/Article
April 3, 2014, previously published on March/April 2014
Debt exchanges have long been utilized by distressed companies to address liquidity concerns and to take advantage of beneficial market conditions. A company saddled with burdensome debt obligations, for example, may seek to exchange existing notes for new notes with the same outstanding principal...


Adobe PDFProposed Changes to the Federal Rules of Civil Procedure
Joshua L. Fuchs, Christopher J. Lovrien, John M. Majoras, Carmen G. McLean, David S. Rutkowski; Jones Day;
White Paper
March 10, 2014, previously published on March 2014
On August 15, 2013, the Judicial Conference's Advisory Committee on Civil Rules ("Advisory Committee") proposed amendments to the Federal Rules of Civil Procedure ("FRCP"). The amendments included changes to several of the Rules, with the most significant changes to Rules 26 and...


HTMLCalifornia Court Strengthens Exception to Direct Purchaser Standing Requirement
Emily Catherine Bowne, Keira M. Campbell, Eric P. Enson, Paula W. Render; Jones Day;
Legal Alert/Article
February 5, 2014, previously published on January 2014
The federal antitrust laws do not allow the "indirect" purchaser of a product that was subject to price fixing to recover damages for the product's higher price; only "direct" purchasers have standing to sue for damages. But courts continue to wrestle with the question of just...


HTMLCalifornia Supreme Court Recognizes Concepcion Requires Reversal of Sonic-Calabasas but Continues to Display Skepticism Toward Arbitration
Aaron L. Agenbroad, Christopher J. Lovrien, Jason C. Wright; Jones Day;
Legal Alert/Article
November 15, 2013, previously published on November 2013
On October 17, 2013, the California Supreme Court issued its second decision in Sonic-Calabasas v. Moreno. In Sonic I, the court ruled that an arbitration agreement's waiver of an administrative hearing on wage claims was void and unenforceable. In Sonic II, the court reversed its prior decision,...


HTMLAmerican Arbitration Association Issues Revisions to Commercial Arbitration Rules
Peter J. Biersteker, Christopher J. Lovrien, David Perez; Jones Day;
Legal Alert/Article
September 27, 2013, previously published on September 2013
On September 9, the American Arbitration Association ("AAA") issued revisions to the AAA's Commercial Arbitration Rules, which (unless otherwise agreed to by the parties) will apply to any AAA-administered arbitration that is filed on or after October 1. Several of these amendments are...


HTMLCalifornia Hospitals and Health Care Systems Beware: Proposed California Bill Would Require Payment of Prevailing Wages on Construction Funded by Conduit Revenue Bonds
James R. Dutro, Aaron R. Gruber, David J. Kates, Glenn L. Krinsky, Daniel D. McMillan; Jones Day;
Legal Alert/Article
August 2, 2013, previously published on August 2013
A proposed bill in the California Senate defines health care construction projects funded by conduit revenue bonds as "public works" and would require payment of prevailing wages to laborers. Consequently, the cost of hospital and health care construction funded with such bonds could...


HTMLNinth Circuit Opens New Window for Removal of State Court Cases to Federal Court
Jeffrey A. LeVee, Cindy Reichline; Jones Day;
Legal Alert/Article
July 23, 2013, previously published on July 2013
A defendant generally may remove a civil action from state court to federal district court if the district court would have had jurisdiction had the action been originally filed in that court. 28 U.S.C. § 1441(a). For years it seemed that a defendant had only two windows of time in which to...