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HTMLSEC 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;
Legal Alert/Article
July 22, 2016, previously published on July 2016
The U.S. Securities and Exchange Commission ("SEC") recently proposed rules that, if adopted, would overhaul disclosure requirements for mining registrants.[1] As part of the SEC's ongoing disclosure effectiveness initiative, the proposed rules are primarily intended to align the SEC's...

 

HTMLSupreme 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;
Legal Alert/Article
July 20, 2016, previously published on May 2016
On 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.

 

HTMLSecond 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;
Legal Alert/Article
July 15, 2016, previously published on July 2016
On 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...

 

HTMLSupreme 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;
Legal Alert/Article
July 11, 2016, previously published on June 2016
On 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...

 

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...

 


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