Jones Day Los Angeles, CA Document Search Results (9)
|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...
|Deciding 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;
June 25, 2014, previously published on June 2014The 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...
|Are 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;
June 24, 2014, previously published on June 2014While 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...
|U.S. DOJ Obtains First-Ever Extradition on Antitrust Charge|
Eric P. Enson, John M. Majoras, Molly M. Wilkens; Jones Day;
April 15, 2014, previously published on April 2014On 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...
|"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;
April 3, 2014, previously published on March/April 2014Debt 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...
|Proposed 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;
March 10, 2014, previously published on March 2014On 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...
|California Court Strengthens Exception to Direct Purchaser Standing Requirement|
Emily Catherine Bowne, Keira M. Campbell, Eric P. Enson, Paula W. Render; Jones Day;
February 5, 2014, previously published on January 2014The 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...
|California 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;
November 15, 2013, previously published on November 2013On 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,...
|American Arbitration Association Issues Revisions to Commercial Arbitration Rules|
Peter J. Biersteker, Christopher J. Lovrien, David Perez; Jones Day;
September 27, 2013, previously published on September 2013On 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...