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HTMLNine Lessons From Detroit's Chapter 9 Case
Corinne Ball, Bruce Bennett, Beth Heifetz, Heather Lennox, Evan Miller; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
On November 7, 2014, Judge Steven Rhodes, the judge presiding over the City of Detroit's bankruptcy case, announced that he would confirm the City's proposed Plan of Adjustment (the "Plan"), including the creditor settlements contained within that Plan. A more detailed written opinion...


HTMLCalifornia Attorney General Calls for Greater Data Protection, and Recommends Adoption of Chip and Pin Payment Card Technology
Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman, Olivia C. White; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
Data breaches are on the rise-and so is government enforcement action and data breach litigation. Retailers are not the only ones at risk; data breaches are affecting a growing number of industries. In addition to recent privacy enforcement actions from the Federal Trade Commission and now the...


HTMLCalifornia Adds More Teeth to Its Data Breach Notification Law
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 30, 2014, California's Governor Brown signed A.B. 1710, a bill establishing new requirements under California's data breach notification statute. The new law adds three provisions to the existing statute, California Civil Code section 1798.81.5: (i) it prohibits the sale, advertisement...


HTMLTexas 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;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In 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...


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...