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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...


HTMLAmarin and FDA Agree to Landmark Settlement on Off-Label Promotion
Michael A. Carvin, Toni-Ann Citera, Colleen Heisey, Karen P. Hewitt, Laura F. Laemmle-Weidenfeld; Jones Day;
Legal Alert/Article
April 6, 2016, previously published on March 2016
On March 8, 2016, Amarin Pharma, Inc. reached a noteworthy settlement in its lawsuit against the U.S. Food and Drug Administration ("FDA") to protect its First Amendment right to promote the drug Vascepa for nonapproved, off-label uses. Amarin Pharma, Inc. v. FDA (S.D.N.Y. No. 15-cv-3588)...


HTMLCalifornia Attorney General Releases Data Breach Report
Daniel J. McLoon, Michael G. Morgan, Jeffrey Rabkin, David W. Schecter, Gregory P. Silberman; Jones Day;
Legal Alert/Article
March 3, 2016, previously published on February 2016
On Tuesday, February 16, 2016, the California Attorney General's Office released its Data Breach Report, analyzing the 657 data breaches reported to the Attorney General's office from 2012 to 2015. According to the report, the majority of the reported breaches were the result of security failures....


HTMLMotions to Disqualify Opposing Counsel in Patent Trial and Appeal Board Proceedings
David B. Cochran, Thomas E. Friebel, Anthony M. Insogna, Matthew W. Johnson, Gregory L. Lippetz; Jones Day;
Legal Alert/Article
February 16, 2016, previously published on February 2016
Motions to disqualify opposing counsel often raise difficult issues of legal ethics. Behind any motion to disqualify, two competing interests are implicated: the client's right to the attorney of its choice versus the need to maintain ethical standards of professional responsibility. Few things are...


HTMLThe EEOC Proposes to Collect Pay Data from Employers on EEO-1s
Fred W. Alvarez, Richard J. Bergstrom, Terri L. Chase, Eric S. Dreiband, Michael J. Gray; Jones Day;
Legal Alert/Article
February 11, 2016, previously published on February 2016
On February 1, 2016, the U.S. Equal Employment Opportunity Commission ("EEOC") published in the Federal Register proposed changes to the Employer Information Report ("EEO-1") that would require private employers and federal contractors with 100 or more employees to report...


Adobe PDFFCPA 2015 Year In Review
Theodore T. Chung, Richard H. Deane, Karen P. Hewitt, Henry Klehm, Hank Bond Walther; Jones Day;
White Paper
February 9, 2016, previously published on January 2016
In 2015, a year after the DOJ resolved several long-term and large-dollar FCPA investigations, the most significant FCPA story was the sharp decrease in both the number and size of the DOJ’s corporate FCPA resolutions. This slowdown may only be a temporary downturn, though, because the DOJ...


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...


HTMLFederal Circuit Refines Patent Damages Analysis as to Apportionment and Standard-Essential Patents
Keith B. Davis, David M. Maiorana, S. Christian Platt; Jones Day;
Legal Alert/Article
December 15, 2015, previously published on December 2015
On December 3, 2015, the Federal Circuit vacated a $16 million damages award and remanded for a new determination of a reasonable royalty, agreeing with the district court's apportionment analysis but finding legal error with respect to the court's failure to account for the value due to the patent...


Adobe PDFAre Federally Protected Trade Secrets on the Horizon? Key Things to Know about the Defend Trade Secrets Act of 2015
Kenneth S. Canfield, Douglas L. Clark, Randall Evan Kay, Kelsey I. Nix; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 2015
With the Defend Trade Secrets Act of 2015, Congress once again is considering federal civil trade secret legislation. The act, identical versions of which have been proposed in both the House and Senate, attempts to create a uniform federal claim for trade secret misappropriation.


HTML2015 California Labor and Employment Legislative Update: Newly Enacted Employment Legislation
Aaron L. Agenbroad, Fred W. Alvarez, George S. Howard, Mhairi Lynn Whitton; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November 2015
The California Legislature's efforts to expand the reach and scope of California employment statutes continue unabated. In most instances, its efforts were endorsed by Governor Jerry Brown. In September and October 2015, the governor signed more than a dozen of these bills into law. Most notable is...


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