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Adobe PDFEmerging Market Debt: Another Test for the Financial Markets?
Corinne Ball, Stephen J. Pearson, Jayant W. Tambe, Michael O. Thayer; Jones Day;
Legal Alert/Article
February 2, 2016, previously published on January 2016
With oil hitting a 12-year low below $30 per barrel and with the volatility and decline of worldwide equities markets during the first weeks in January 2016, some are warning of a return to the bleak days at the beginning of the Great recession.1 In our April 2014 Commentary “High yield Debt:...

 

HTMLRevised DFARS Interim Rule Regarding Cybersecurity Responds to Industry Concerns
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
February 2, 2016, previously published on January 2016
After collecting feedback from industry representatives, the Department of Defense ("DOD") recently revised the Defense Federal Acquisition Regulations Supplement ("DFARS") interim rule on required cybersecurity measures for defense contractors (the "December 30 Interim...

 

HTMLThird Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
Louis A. Chaiten, Darren K. Cottriel, Rebekah Byers Kcehowski, Michael A. Magee, Sharyl A. Reisman; Jones Day;
Legal Alert/Article
February 2, 2016, previously published on January 2016
The history and proceedings of the Third Circuit's recent decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016), are a precautionary tale suggesting that companies should expressly state key "rules of their game" in...

 

Adobe PDFAre You Ready for the Emerging Market Credit Bust?
Corinne Ball, Ferdinand Mason, Stephen J. Pearson, Jayant W. Tambe; Jones Day;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Many commentators predict that a wave of emerging market ("EM") credit defaults will cause the next financial crisis. Despite being only a few days old, 2016 has already seen a major wobble in Chinese stocks and a second default by Puerto Rico. EM corporate debt outside the financial...

 

HTMLU.S. Supreme Court Rules in Favor of Arbitration Clauses and Class-Arbitration Waivers in Consumer Contracts
Amir Q. Amiri, Louis A. Chaiten, Darren K. Cottriel, Rebekah Byers Kcehowski, Sharyl A. Reisman; Jones Day;
Legal Alert/Article
January 20, 2016, previously published on January 2016
The United States Supreme Court's recent decision in DirecTV, Inc. v. Imburgia upheld a binding arbitration clause in a consumer service agreement that included a waiver of class arbitration. The decision reaffirms the U.S. Supreme Court's view of the supremacy of the Federal Arbitration Act and...

 

HTMLDebate About "Golden Leash" Payments to Director Nominees Continues
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
January 19, 2016, previously published on January 2016
In the past few years, much attention has been paid to the issue of special compensation arrangements sometimes paid by so-called activist shareholders to their director nominees in proxy fights. Activists claim that these arrangements provide appropriate compensation for insurgent director...

 

HTMLProposed Cybersecurity Disclosure Act Shows Deep Misunderstanding of the Role of the Board of Directors
Michael R. La Marca, Randi C. Lesnick, Mauricio F. Paez; Jones Day;
Legal Alert/Article
January 11, 2016, previously published on December 2015
On December 17, 2015, Senators Jack Reed and Susan Collins introduced the Cybersecurity Disclosure Act of 2015, a proposed bill that would require publicly traded companies to disclose, in their investor filings with the U.S. Securities and Exchange Commission ("SEC"), whether any member...

 

HTMLSouthern District of Florida Rules that 180-Day Notice of Commercial Marketing Is Mandatory When Parties "Patent Dance"
Timothy J. Heverin, Gasper J. LaRosa; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
On December 9, 2015, United States District Court Judge James Cohn, in the Amgen v. Apotex Neulasta® litigation, granted Amgen's motion for a Preliminary Injunction barring Apotex from marketing its proposed biosimilar version of Neulasta®. The issue before the court was whether the...

 

HTMLAgreement Reached on the European Reform of Data Protection
Paloma Bru, Dionna J.A. Little, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
After almost four years of heated debate, the EU Parliament, Council, and Commission have reached an agreement on the final form of the General Data Protection Regulation ("GDPR"), the most comprehensive reform of data protection law ever envisaged in the EU's history. It is not an...

 

HTMLNew Partnership Tax Audit Rules Will Impact Private Investment Fund Vehicles
Peter J. Elias, Olga A. Loy, Teresa A. Maloney, Babak Emil Nikravesh, Patrick B. O'Brien; Jones Day;
Legal Alert/Article
December 16, 2015, previously published on November 30, 2015
On November 2, 2015, President Barack Obama signed into law the Bipartisan Budget Act of 2015 (the “BBA”). The BBA includes new rules (the “New Audit Rules”) which significantly change many aspects of existing U.S. federal tax law relating to tax audits of entities treated...

 


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