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HTMLFrance Unveils its Information System Security Plan in the Health Care Sector
Olivier Haas, Daniel J. (Dan) McLoon, Hatziri Minaudier, Mauricio F. Paez, Cristiana Spontoni; Jones Day;
Legal Alert/Article
January 6, 2017, previously published on December 2016
On October 14, 2016, France's Ministry of Social Affairs and Health issued an instruction notice (document in French) providing for the implementation of the "information systems security plan" for the health care sector. The plan is intended to ensure a harmonized minimum baseline level...

 

HTMLFrance Moves Forward on Implementation of Cybersecurity Framework for Operators of Critical Infrastructures
Olivier Haas, Daniel J. (Dan) McLoon, Hatziri Minaudier, Mauricio F. Paez, Undine von Diemar; Jones Day;
Legal Alert/Article
January 5, 2017, previously published on December 2016
On November 28, 2016, four sector-specific orders were adopted by France's Secretary General for Defense and National Security, on behalf of the Prime Minister. These orders (document in French) aim to complete the information systems security plan applicable to the Operators of Critical...

 

HTMLNinth Circuit Abandons Entz-White: Default-Rate Interest Required to Cure and Reinstate Secured Debt Under Chapter 11 Plan
Bruce Bennett, Monika S. Wiener; Jones Day;
Legal Alert/Article
November 25, 2016, previously published on November 2016
In 1994, Congress amended the Bankruptcy Code to add section 1123(d), which provides that, if a chapter 11 plan proposes to "cure" a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy law. Since then, a...

 

HTMLAvoiding the Insurer Bite: Insurance Coverage for Zika Virus Losses
Tyrone R. (Ty) Childress, Jason B. Lissy; Jones Day;
Legal Alert/Article
September 28, 2016, previously published on September 2016
Named after the Ugandan forest in which it was first discovered, outbreaks of Zika virus have until recently been limited to tropical Africa, Southeast Asia, and the Pacific Islands. The past year, however, has witnessed the rapid spread of Zika virus throughout the Western Hemisphere, including...

 

HTMLBankruptcy Court Denies Aeropostale's Motions for Equitable Subordination and to Limit Credit Bidding
Bruce Bennett, Brad B. Erens; Jones Day;
Legal Alert/Article
September 22, 2016, previously published on September 2016
Secured lenders have welcomed a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York in the chapter 11 cases of Aéropostale, Inc. and its affiliates (collectively, "Aéropostale"). In In re Aéropostale, Inc., 2016 BL 279439...

 

HTMLHow to Survive Dawn Raids and Search Warrants in Antitrust/Competition Investigations
Eric Barbier de la Serre, Alan Davis, Eric P. Enson, Matt Evans, Carsten T. Gromotke; Jones Day;
Legal Alert/Article
September 21, 2016, previously published on September 2016
Antitrust and competition enforcement authorities increasingly are undertaking unannounced searches of premises to obtain evidence of possible competition law violations. Most commonly, these searches are being conducted at business premises, and therefore business managers need to know how to...

 

HTMLCircuit Courts Divided Following Seventh Circuit's Section 546(e) Safe Harbor Decision
Bruce Bennett, Brad B. Erens; Jones Day;
Legal Alert/Article
September 1, 2016, previously published on August 2016
On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe harbor" applicable to constructive fraudulent transfers that are settlement payments made in connection with securities contracts does not protect...

 

HTMLSecond Circuit Limits Territorial Reach of U.S. Government to Domestically Stored Data
Theodore T. (Ted) Chung, Daniel J. (Dan) McLoon, Mauricio F. Paez, Gregory P. Silberman, John A. Vogt; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
In a highly anticipated decision, the Second Circuit ruled on July 14, 2016, that the United States cannot compel Microsoft Corp. ("Microsoft") to disclose certain customer emails stored in Ireland because Congress did not intend the warrant provisions of the Stored Communications Act...

 

HTMLA Guide to PHMSA's Proposed Rule Expanding Natural Gas Pipeline Safety Requirements
Kenneth B. (Ken) Driver, Nicholas M. (Nick) Faas, Jennifer M. (Jen) Hayes, David A. Kutik, Charles C. (Charlie) Read; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration's ("PHMSA") recent notice of proposed rulemaking would significantly expand the safety requirements that apply to the nation's natural gas pipelines.[1] Comments on the NPRM are due July 7,...

 

HTMLDirect Claims Against UK Insurers of Insolvent Defendants
Tyrone R. (Ty) Childress, Ian F. Lupson, Barnaby C. Stueck; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
On 1 August 2016, six years after it received Royal Assent, the UK Third Parties (Rights Against Insurers) Act 2010 (the "2010 Act") will finally come into force. It is expected to provide an effective mechanism for third-party claimants to seek recovery directly from an insolvent...

 


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