Jones Day New York, NY Document Search Results (72)
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|SEC Proposes Modernization of Disclosure Requirements for Mining Registrants|
Bradley C. (Brad) Brasser, Boris Dolgonos, Rory T. Hood, Joel T. May, Michael J. (Mike) Solecki; Jones Day;
July 22, 2016, previously published on July 2016The U.S. Securities and Exchange Commission ("SEC") recently proposed rules that, if adopted, would overhaul disclosure requirements for mining registrants. As part of the SEC's ongoing disclosure effectiveness initiative, the proposed rules are primarily intended to align the SEC's...
|Supreme Court Relies on Attorney Notes in Considering a Claim of Racial Profiling in Juror Selection|
Bradley W. (Brad) Harrison, José A. Isasi, C. Kevin Marshall, Charles R.A. Morse, Neil Vakharia; Jones Day;
July 20, 2016, previously published on May 2016On May 23, 2016, in Foster v. Chatman, No. 14-8349, the U.S. Supreme Court clarified how courts should address Batson claims of unlawful discrimination during juror selection and highlighted the role that notes in an attorney's files may play in these inquiries.
|Second Circuit Rejects Government's Theory of Fraud in Major FIRREA Case: Court's Ruling Restricts When a Contractual Breach May Be Held Fraudulent Under Federal Law|
Harold K. Gordon, Lisa M. Ledbetter, Rajeev Muttreja; Jones Day;
July 15, 2016, previously published on July 2016On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants (collectively, "Countrywide") under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989...
|Supreme Court Rules that Chevron Deference Is Not Owed to Unexplained Agency Positions|
Matthew R. (Matt) Cushing, Michael J. Gray, Matthew W. (Matt) Lampe, E. Michael (Mike) Rossman, Ryan J. Watson; Jones Day;
July 11, 2016, previously published on June 2016On June 20, 2016, the United States Supreme Court decided Encino Motorcars v. Navarro, which held that an agency is not entitled to Chevron deference when it fails to give adequate reasons to support its regulation. The case involved the Department of Labor's unexplained decision to reverse a...
|Tax Court Rejects IRS Transfer Pricing Approach in Medtronic|
Joseph A. (Joe) Goldman, Lori A. Hellkamp, Karl L. Kellar, Edward T. (Ed) Kennedy; Jones Day;
June 26, 2016, previously published on June 2016Medtronic 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....
|Supreme 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;
June 23, 2016, previously published on June 2016On 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...
|Supreme 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;
June 16, 2016, previously published on May 2016On 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...
|CFPB Proposes New Rule on Mandatory Consumer Arbitration Clauses|
Lisa M. Ledbetter, Sanjay Narayan; Jones Day;
June 16, 2016, previously published on May 2016Arbitration 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...
|Sun Capital Update: District Court Doubles Down on Imposition of Pension Liability for Private Equity Funds|
Aaron M. Gober-Sims, Lisa G. Laukitis; Jones Day;
June 15, 2016, previously published on May/June 2016Amendments 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...
|The 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;
June 13, 2016, previously published on May 2016For 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...