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HTMLDepartment of Justice FCPA Pilot Program Outlines Incentives for Corporate Self-Disclosure and Cooperation: What's New and Will It Matter?
Theodore T. (Ted) Chung, Richard H. (Rick) Deane, Karen P. Hewitt, Henry Klehm, Hank Bond Walther; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
On April 5, the U.S. Department of Justice ("DOJ") announced a one-year "FCPA Enforcement Pilot Program" to encourage voluntary self-disclosure, cooperation, and remediation (the "Pilot Program").[1] This effort is designed to boost enforcement by further incentivizing...

 

HTMLQuestioning Recent ISS Study on the Impact of Board Leadership Structures on CEO Pay
Lyle G. Ganske, Daniel C. Hagen, Robin C. Melman, Robert A. (Bob) Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
Institutional Shareholder Services ("ISS") published a report in March 2016 arguing that CEO compensation is impacted by companies' board structures. More specifically, ISS argues that CEOs of companies with boards chaired by an "insider" have higher compensation than CEOs of...

 

HTMLThe House Judiciary Committee Approves the Senate's Version of the Defend Trade Secrets Act
Kenneth S. (Ken) Canfield, Douglas L. (Doug) Clark, Randy Kay, Christopher M. (Chris) Morrison, Kelsey I. Nix; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
Legislation for the nation's first federal civil trade secret protection statute has come closer to enactment into law, with the House Judiciary Committee's approval of the bill on April 20, 2016.

 

HTMLTreasury Releases Significant Temporary Anti-Inversion Regulations and Proposed Earnings Stripping Regulations
Andrew M. Eisenberg, Edward T. (Ed) Kennedy, Scott M. Levine, Robert A. (Bob) Profusek; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
On April 4, 2016, the U.S. Treasury Department released two significant packages of U.S. federal tax regulations. T.D. 9761 contains temporary regulations primarily addressing the anti-inversion rules under section 7874 of the Internal Revenue Code, and REG-108060-15 contains proposed anti-earnings...

 

HTMLFacebook Settles Derivative Lawsuit Challenging Outside Director Pay
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee director compensation program, including specific equity grants, some historical grants, and retainer fees, to a vote of shareholders at its 2016...

 

HTMLSouthern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
Mark G. Douglas, Justin Morgan; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United...

 

HTMLFirst Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of...

 

HTMLCybersecurity's Moment and What it Means for Financial Services
Lisa M. Ledbetter, Todd S. McClelland, Mauricio F. Paez, Albert J. Rota, C. Hunter Wiggins; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The recent announcement of President Barack Obama's Cybersecurity National Action Plan, with programs aimed at improving the security of public and private data,[1] is a reminder that cybersecurity—including identifying, defending against, recovering from, and notifying others about cyber...

 

HTMLFederal Circuit Upholds Broad Hatch-Waxman Venue Options for Innovator Pharmaceutical Companies
Gregory A. Castanias, Pablo D. Hendler, Matthew J. Hertko, Anthony M. Insogna, Gasper J. LaRosa; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
On March 18, 2016, the United States Court of Appeals for the Federal Circuit issued a combined opinion in Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., No. 2015-1456, and AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 2015-1460, holding that an Abbreviated New Drug Application...

 

HTMLMiami International Commercial Arbitration Court: Another Reason Why Miami Is Becoming the Preferred Seat for Latin American Arbitrations
Carlos F. Concepcion, Thomas E. Lynch, Ana Maria Cristina Perez Soto, Ricardo Hugo Puente, Johanna Oliver Rousseaux; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
Miami rapidly is becoming the preferred venue for international commercial arbitrations involving Latin American parties. This is so not only because of Miami's geographical proximity to Latin America, large pool of legal professionals with Spanish and Portuguese language capabilities, and close...

 


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