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HTMLTax Court Rejects IRS Transfer Pricing Approach in Medtronic
Joseph A. (Joe) Goldman, Lori A. Hellkamp, Karl L. Kellar, Edward T. (Ed) Kennedy; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
Medtronic Inc. & Consolidated Subsidiaries v. Commissioner (T.C. Memo. 2016-112) is the latest defeat for the U.S. Internal Revenue Service ("IRS") in a string of transfer pricing losses. The IRS sought to increase royalties payable from a Puerto Rico affiliate to Medtronic, Inc....


HTMLSupreme Court Upends Law of Treble Damages in Patent Cases
Gregory A. (Greg) Castanias, Randy Kay, Greg Lanier, David M. (Dave) Maiorana, Kelsey I. Nix; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
On June 13, 2016, the United States Supreme Court dealt the Federal Circuit another reversal on an issue of law fundamental to patent infringement litigation. Prior to the Court's decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (which was consolidated for decision with...


HTMLSupreme Court Rejects Lawsuits by Plaintiffs Who Cannot Show "Real" Injury
Darren K. Cottriel, Meir Feder, Daniel J. (Dan) McLoon, Brian J. Murray, John A. Vogt; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 16, 2016, the U.S. Supreme Court decided Spokeo Inc. v. Robins, No. 13-1339, a closely watched case addressing whether federal lawsuits can be filed by plaintiffs who have suffered no concrete injury aside from the violation of a federal statute. The case is of particular interest to...


HTMLCFPB Proposes New Rule on Mandatory Consumer Arbitration Clauses
Lisa M. Ledbetter, Sanjay Narayan; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
Arbitration as a means of dispute resolution is intended to help consumers and businesses save time and money and achieve fair results when compared to traditional litigation. Millions of contracts for consumer financial products and services have a pre-dispute arbitration clause that requires...


HTMLSun Capital Update: District Court Doubles Down on Imposition of Pension Liability for Private Equity Funds
Aaron M. Gober-Sims, Lisa G. Laukitis; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
Amendments to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., in 1980 made “trade[s] or business[es]” that are under “common control”—which has since been defined by regulation to mean 80 percent common...


HTMLThe Tide Has Turned: The SEC's Renewed Focus on Non-GAAP Financial Measures
Bradley C. (Brad) Brasser, Robert T. (Bob) Clarkson, Charles T. (Charlie) Haag, Linda A. Hesse, Rory T. Hood; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
For some time, the Securities and Exchange Commission, or SEC, took a noticeably hands-off approach toward the use of non-GAAP (generally accepted accounting principles) financial measures by public companies listed in the United States. However, recent developments have signaled a renewed focus on...


Adobe PDFCredit Default Risk in Latin America: A Regional Outlook
Robert da Silva Ashley, Maria Luisa Canovas, Marcello Hallake, Pedro A. Jiménez, Javier L. Martínez del Campo; Jones Day;
Legal Alert/Article
June 8, 2016, previously published on May 2016
In our January 2016 Commentary, “Are You Ready for the Emerging Market Credit Bust?,” we noted that with emerging market debt levels soaring to unprecedented heights and the inevitable cross-border repercussions of defaults, creditors were going to need a well-planned,...


HTMLTime for a Fresh Look at General Liability Insurance Claims New York Court of Appeals Applies Pro-Policyholder "All Sums" Rule to Long Tail Exposure Claims Under Excess CGL Policies
Lisa M. Cirando, Edward M. (Ed) Joyce, Richard D. Milone; Jones Day;
Legal Alert/Article
June 2, 2016, previously published on May 2016
On May 3, 2016, the New York Court of Appeals issued a groundbreaking, pro-policyholder decision, In the Matter of Viking Pump, Inc. and Warren Pumps, Inc. Insurance Appeals ("Viking Pump"), on questions certified to it by the Delaware Supreme Court. New York's highest court ruled that...


HTMLNew Federal Trade Secret Act Expands Trade Secret Rights
Kenneth S. (Ken) Canfield, Douglas L. (Doug) Clark, Randy Kay, Christopher M. (Chris) Morrison, Kelsey I. Nix; Jones Day;
Legal Alert/Article
May 30, 2016, previously published on May 2016
Trade secrets gained prominence as a federally protected form of intellectual property this week with the enactment of the Defend Trade Secrets Act of 2016 ("DTSA"). The DTSA provides federal civil protection against misappropriation of trade secrets. Victims of trade secret theft now...


Adobe PDFKey Patent Law Decisions of 2015
Gregory A. (Greg) Castanias, Kelsey I. Nix, Patrick J. O'Rear, Shehla Wynne; Jones Day;
White Paper
May 25, 2016, previously published on April 2016
Significant U.S. Supreme Court and Federal Circuit decisions in 2015 will likely affect patent law stakeholders during and beyond 2016. Several key judgments regarding administrative agencies and patent law were rendered. In particular, several issues surrounding the Patent Trial and Appeal Board...


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