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Adobe PDFHow to Survive Dawn Raids and Search Warrants in Antitrust/Competition Investigations
Alan Davis, Eric P. Enson, Carsten T. Gromotke, Paula W. Render, Nicolas Taylor; Jones Day;
White Paper
April 27, 2016, previously published on March 2016
Around the globe and across jurisdictions, antitrust authorities continue to aggressively seek evidence of competition law infractions, often during raids on business premises or at the private residences of company executives. While it is important to comply with a lawful search, it is also...


HTMLSupreme Court Rules Class-Action Wage-and-Hour Plaintiffs Can Rely on Statistical Analysis to Calculate Average Uncompensated Work Time
Brian M. Jorgensen, Nora C. Tillmanns, James S. Urban; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The United States Supreme Court resolved a circuit split by holding that class-action wage-and-hour plaintiffs may rely on statistical analysis to calculate average uncompensated work time as a means of establishing liability and damages. In its March 22, 2016 decision in Tyson Foods, Inc. v....


HTMLSave Your Data and Your Dollars: Tips to Prevent "Ransomware" from Holding Your Company Hostage
James R. Dutro, Colin Leary, Daniel J. McLoon, Mauricio F. Paez, Jeffrey Rabkin; Jones Day;
Legal Alert/Article
March 22, 2016, previously published on February 2016
On February 15, 2016, a Los Angeles-based hospital paid cyber criminals $17,000, in the form of 40 Bitcoins, to restore access to electronic medical records and email systems. The hospital—Hollywood Presbyterian Medical Center—had been operating offline for more than a week after...


HTMLU.S. DOJ Increasing Enforcement Efforts Against Corporate Executives and Employees
Eric P. Enson, Kathryn M. Fenton, John M. Majoras, J. Bruce McDonald, David P. Wales; Jones Day;
Legal Alert/Article
March 14, 2016, previously published on February 2016
The U.S. Department of Justice Antitrust Division is increasing efforts to detect and punish individuals who violate the antitrust laws. In remarks last week, the Deputy Assistant Attorney General for Criminal Enforcement, Brent Snyder, reported that the Antitrust Division has "adopted new...


HTMLCalifornia Attorney General Releases Data Breach Report
Daniel J. McLoon, Michael G. Morgan, Jeffrey Rabkin, David W. Schecter, Gregory P. Silberman; Jones Day;
Legal Alert/Article
March 3, 2016, previously published on February 2016
On Tuesday, February 16, 2016, the California Attorney General's Office released its Data Breach Report, analyzing the 657 data breaches reported to the Attorney General's office from 2012 to 2015. According to the report, the majority of the reported breaches were the result of security failures....


HTMLCMS Publishes Long-Awaited 60-Day Repayment Final Rule for Identified Overpayments
Claire E. Castles, Laura F. Laemmle-Weidenfeld, Elizabeth E. Trende, Megan B. Webb; Jones Day;
Legal Alert/Article
February 24, 2016, previously published on February 2016
Four years after the initial publication of the proposed rule, the Centers for Medicare and Medicaid Services ("CMS") released the long-awaited Final Rule regarding the identification, reporting, and repayment of Medicare overpayments as required under the Affordable Care Act...


HTMLConstruction Managers and Contractors: Improve Your Mergers & Acquisition and Dissolution Checklists to Avoid Expired License Exposure-and Worse
Jeffrey B. Kirzner, Daniel D. McMillan; Jones Day;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Dissolving a newly acquired or existing affiliate of a construction or construction management firm can have adverse unintended legal consequences when the dissolved affiliate holds executory contracts and the related entity that takes over the performance of the contracts lacks the requisite...


HTMLCMS Makes Changes to the Stark Law: Addressing Payment Reform, Reducing Burden, and Facilitating Compliance
Claire E. Castles, Gerald M. Griffith, Andrew G. Jack, John M. Kirsner, Elizabeth E. Trende; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
On November 16, 2015, the Centers for Medicare and Medicaid Services ("CMS") published a final rule with changes to the Hospital Outpatient Prospective Payment System ("OPPS") and Ambulatory Surgical Center ("ASC") payment system ("Final Rule") (80 Fed. Reg....


HTMLNew Decision Raises the Bar for FTC Enforcement Actions Over Data Security Practices
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Jeffrey Rabkin, Gregory P. Silberman; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 18, 2015
A decision on November 13, 2015 has raised the bar for Federal Trade Commission ("FTC") enforcement actions over data security practices. (In re LabMD, Inc., F.T.C. ALJ, No. 9357, (11/13/15)). In order for the FTC to maintain an enforcement action under Section 5 of the Federal Trade...


HTMLEleventh Circuit Weighs In on Section 1123(d): Reinstatement of Defaulted Loan Agreement Under Chapter 11 Plan Requires Payment of Default-Rate Interest
Mark G. Douglas, Monika S. Wiener; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November/December 2015
In 1994, Congress amended the Bankruptcy Code to, among other things, 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...


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