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HTMLCourt's Concern About Recovery Windfall Triggers FERC Inquiry Result Could Be Lower Revenues from Assets Owned by Partnerships
James C. (Jim) Beh, Kenneth B. (Ken) Driver, Kevin J. McIntyre, Patrick T. Metz; Jones Day;
Legal Alert/Article
January 11, 2017, previously published on December 2016
On December 15, 2016, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Inquiry ("NOI") seeking public comment on a matter that could result in significant changes to the way cost-based rates are calculated for oil pipelines and other FERC-regulated entities...

 

HTMLCivilian Task Order Jurisdiction Restored at GAO
Peter F. (Pete) Garvin, J. Andrew (Andy) Jackson, Fernand A. (Fern) Lavallee, Andrew D. (Andy) Ness, Cherie J. Owen; Jones Day;
Legal Alert/Article
January 6, 2017, previously published on December 2016
On December 14, 2016, President Obama signed the "GAO Civilian Task and Delivery Order Protest Authority Act of 2016," which permanently restores the Government Accountability Office's ("GAO") protest jurisdiction over task and delivery orders valued at $10 million or more...

 

HTMLOFAC Issues Guidance Regarding Wind-Down of Business Activities Involving Iran if Sanctions Snap Back
Sean Thomas Boyce, Laura Fraedrich, Michael P. (Mike) Gurdak, Fahad A. Habib, D. Grayson Yeargin; Jones Day;
Legal Alert/Article
January 5, 2017, previously published on December 2016
On December 15, 2016, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") updated two of its Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action ("JCPOA") on Implementation Day...

 

HTMLU.S. Supreme Court to Review Scope of Patent Exhaustion Doctrine
Gregory A. (Greg) Castanias, Anthony M. Insogna, Sasha Mayergoyz, John J. Normile; Jones Day;
Legal Alert/Article
January 3, 2017, previously published on December 2016
In a widely anticipated action, the United States Supreme Court on December 2, 2016, agreed to review the Federal Circuit's en banc decision in Impression Products, Inc. v. Lexmark International, Inc., which concerns the proper scope of the patent exhaustion doctrine. This doctrine, often referred...

 

HTMLSecond Circuit Overturns NLRB Unit Determination and Admonishes NLRB for Misapplying Specialty Healthcare Standard
Shay Dvoretzky, Willis J. Goldsmith, Jessica Kastin; Jones Day;
Legal Alert/Article
December 29, 2016, previously published on December 2016
On November 21, 2016, the United States Court of Appeals for the Second Circuit handed an employer a rare victory in a challenge to a National Labor Relations Board ("NLRB" or "Board") unit determination confirming a petitioned-for bargaining unit. Constellation Brands, U.S....

 

HTMLPotential U.S. Trade and Foreign Direct Investment Ramifications of the Trump Election
Renato Antonini, Laura Fraedrich, Michael P. (Mike) Gurdak, Luis Riesgo, Luis Rubio Barnetche; Jones Day;
Legal Alert/Article
December 28, 2016, previously published on December 2016
According to public statements from President-elect Trump, reshaping U.S. trade policy will be a high priority for the incoming Trump Administration. President-elect Trump has announced his intention to, among other things: (i) withdraw from the Trans-Pacific Partnership ("TPP"); (ii)...

 

HTMLU.S. Supreme Court Creates Test for Assessing Damages for Design Patent Infringement
John C. Evans, Mark A. Finkelstein, John G. Froemming, S. Christian Platt; Jones Day;
Legal Alert/Article
December 28, 2016, previously published on December 2016
Addressing design patents for the first time in over a century, the U.S. Supreme Court in Samsung Electronics Co., Ltd. v. Apple Inc. reversed the Federal Circuit's interpretation of Section 289 of the Patent Act, which provides unique remedies for infringement of design patents. The Supreme Court...

 

HTMLU.S. Supreme Court Clarifies Standards for "Tippee" Insider Trading Liability
Meir Feder, Harold K. Gordon, Samidh Guha, Henry Klehm, Joan E. McKown; Jones Day;
Legal Alert/Article
December 28, 2016, previously published on December 2016
On December 6, 2016, the U.S. Supreme Court addressed a disagreement in the lower courts regarding the scope of insider trading liability for "tippees"-individuals who trade in a corporate security based on material nonpublic information received from corporate insiders. Under Dirks v....

 

HTMLGlobal Issues Under the Trump Administration: What the Future May Hold for Sanctions and Export Controls
Sean Thomas Boyce, Laura Fraedrich, Michael P. (Mike) Gurdak, Fahad A. Habib, D. Grayson Yeargin; Jones Day;
Legal Alert/Article
December 28, 2016, previously published on December 2016
President-elect Trump and Republican leaders in Congress have identified U.S. sanctions and national security as central issues for the next Administration. Based on publicly announced policy positions, including a possible rollback of the recent easing of sanctions involving Iran and Cuba, the...

 

HTMLGovernment Contracts Ramifications of the Trump Election
Laura Fraedrich, Peter F. (Pete) Garvin, J. Andrew (Andy) Jackson, Fernand A. (Fern) Lavallee, Andrew D. (Andy) Ness; Jones Day;
Legal Alert/Article
December 28, 2016, previously published on December 2016
The presidential Administration of Donald J. Trump is likely to usher in many changes for government contractors. Through campaign statements, including his "Contract with the American Voter," President-elect Trump has identified multiple planned actions that would affect the way the...

 


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