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HTMLThe Data Retention Saga Continues: European Court of Justice and EU Member States Scrutinize National Data Retention Laws
Paloma Bru, Laurent De Muyter, Jonathon Little, Mauricio F. Paez, Undine von Diemar; Jones Day;
Legal Alert/Article
August 23, 2016, previously published on August 2016
Triggering a landslide of legislative reforms and legal battles, the European Court of Justice’s (“ECJ”) landmark judgment of April 8, 2014, Digital Rights Ireland (C-293/12), invalidated the Data Retention Directive 2006/24/EC, which provided that providers of publicly available...

 

HTMLU.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law
Mark G. Douglas, Ben Rosenblum; Jones Day;
Legal Alert/Article
August 18, 2016, previously published on July/August 2016
On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code, that would have allowed the commonwealth’s public instrumentalities to restructure a significant portion of...

 

HTMLThe Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation
Mark G. Douglas, Jane Rue Wittstein; Jones Day;
Legal Alert/Article
August 17, 2016, previously published on August 2016
In the November/December 2014 edition of the Business Restructuring Review, we discussed a decision handed down by the U.S. District Court for the District of Delaware addressing the meaning of “unreasonably small capital” in the context of constructively fraudulent transfer avoidance...

 

HTMLThe "Commonsense Principles of Corporate Governance" Make Sense
Lyle G. Ganske, Robert A. (Bob) Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
August 16, 2016, previously published on August 2016
In July 2016, an ad hoc group of prominent CEOs, investment managers, and investors published the "Commonsense Principles of Corporate Governance," a series of principles recommended as a basic governance framework for public companies, their boards, and their shareholders. The...

 

HTMLThe Alternative Investment Fund Managers Directive: Update for Non-EU Managers of Non-EU Funds
John C. Ahern, Michael R. Butowsky, Christopher (Chris) Dearie, Kristen DiLemmo; Jones Day;
Legal Alert/Article
August 16, 2016, previously published on August 2016
This Commentary sets out the key features of the European Directive on Alternative Investment Fund Managers ("AIFMD") as they apply to non-EU fund managers ("AIFMs") managing non-EU alternative investment funds ("AIFs"). It is a supplement to our January 2014 White...

 

HTMLIncreased Net Worth Threshold for Certain Clients and Investors to be Charged Performance Fees by U.S. Registered Investment Advisers
Michael R. Butowsky, Emily O. Harris; Jones Day;
Legal Alert/Article
August 10, 2016, previously published on August 2016
The U.S. Investment Advisers Act of 1940 ("Advisers Act") prohibits an investment adviser registered with the U.S. Securities and Exchange Commission ("SEC") from entering into, extending, renewing, or performing an investment advisory contract that provides for compensation to...

 

HTMLFinancial Crimes Enforcement Network Releases FAQs on Diligence Procedures for Beneficial Owners of Accounts
William M. (Will) Atherton, Henry Klehm, Lisa M. Ledbetter, Ralph F. (Chip) MacDonald, C. Hunter Wiggins; Jones Day;
Legal Alert/Article
August 10, 2016, previously published on August 2016
On July 19, 2016, the U.S. Treasury's Financial Crimes Enforcement Network ("FinCEN"), issued its Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions ("FAQs").[1] The FAQs provide useful guidance for financial institutions'...

 

HTMLSEC Publishes Final Rules Amending the Rules of Practice for Administrative Proceedings
Daniel Vincent Bradley, Harold K. Gordon, Henry Klehm, Joan E. McKown, David Ronald Woodcock; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
On July 13, 2016, the Securities and Exchange Commission ("SEC" or "Commission") voted to adopt amendments to the rules of practice that govern its Administrative Proceedings ("APs").[1] In a press release accompanying publication of the amended rules, SEC Chair Mary...

 

HTML180-Day Notice of Commercial Marketing Mandatory Even When Biosimilar Applicants Do the "Patent Dance"
A. Patricia Campbell, Jennifer J. Chheda, Pablo D. Hendler, Timothy J. (Tim) Heverin, Janet M. McNicholas; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
On July 5, 2016, the Federal Circuit issued another important decision regarding the meaning of certain provisions of the Biologics Price Competition and Innovation Act of 2009 ("BPCIA"). See Amgen Inc. v. Apotex Inc., Fed. Cir. Case No. 2016-1308 (Fed. Cir. July 5, 2016). The court held...

 

Adobe PDFEEOC Issues Final Wellness Plan Regulations and Immediately Asserts Retroactive Effect
Fred W. Alvarez, Eric S. Dreiband, Michael J. Gray, Matthew W. (Matt) Lampe, Blake Pulliam; Jones Day;
Legal Alert/Article
August 3, 2016, previously published on July 2016
On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) finalized highly anticipated regulations that purport to define the extent to which the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) permit...

 


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