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HTMLEnergy Future Holdings Loses Round Three in Fight Over Liability for Make-Whole Premiums
Noel J. Francisco, Lisa M. Ledbetter, Christian G. (Chris) Vergonis; Jones Day;
Legal Alert/Article
November 25, 2016, previously published on November 2016
On November 17, 2016, the Third Circuit Court of Appeals issued a highly-anticipated ruling in the chapter 11 reorganization of Energy Future Holdings Corp. ("EFH") invalidating one of the aspects of EFH's confirmed chapter 11 plan. In Del. Tr. Co. v. Energy Future Intermediate Holding...

 

HTMLFederal Banking Agencies Propose Enhanced Cyber Risk Management Standards
Jennifer C. Everett, Lisa M. Ledbetter; Jones Day;
Legal Alert/Article
November 21, 2016, previously published on November 2016
The Board of Governors of the Federal Reserve System ("Federal Reserve Board"), the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, "the agencies") recently issued a joint advance notice of proposed rulemaking...

 

HTMLThe Future of the Affordable Care Act
Elena Kaplan, Catherine E. (Cathy) Livingston; Jones Day;
Legal Alert/Article
November 21, 2016, previously published on November 2016
President-elect Trump has made revamping our health care system a top priority for his new administration. He has been clear that action needs to be taken because health care remains unaffordable, and he believes the structure of the Affordable Care Act ("ACA") for delivering coverage is...

 

HTMLEnergy and Environmental Ramifications of the Trump Election
Casey F. Bradford, Mary Beth Deemer, Thomas M. (Tom) Donnelly, Noel J. Francisco, Kevin P. Holewinski; Jones Day;
Legal Alert/Article
November 21, 2016, previously published on November 2016
Significant changes to U.S. energy and environmental policies are likely to occur in the presidential administration of Donald J. Trump. President-elect Trump's plan for his first 100 days in office identifies several matters of importance for the energy industry that his administration plans to...

 

HTMLA New Sheriff in Town: Newly Regulated Broadband ISPs Get a First Look at FCC-Style Privacy Rules
Thomas F. Allen, Michael B. Hazzard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
Legal Alert/Article
November 16, 2016, previously published on November 2016
The Federal Communications Commission ("FCC"), the nation's regulator of all things telecommunications, has turned its attention to privacy practices at the on-ramp to the internet. In a November 2, 2016, Report and Order, the FCC adopted rules applying the privacy requirements of the...

 

HTMLEU General Court Rules on Pay-for-Delay Agreements in Patent Disputes
Michael H. (Mike) Knight, Christian Paul, Nathalie Ska, Philipp Werner; Jones Day;
Legal Alert/Article
November 16, 2016, previously published on November 2016
In a series of judgments, the European Union General Court ("General Court") on September 8, 2016, upheld a 2013 Commission decision (including €146 million in fines) against Danish drug maker Lundbeck and four generics producers for entering into an agreement to settle patent...

 

HTMLHHS Releases E-Health and Telemedicine Report to Congress
Alexis S. Gilroy, Kevin D. Lyles, Robert A. (Bob) Naeve, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
Legal Alert/Article
November 16, 2016, previously published on November 2016
On August 12, 2016, the U.S. Department of Health and Human Services ("HHS") released its Report to Congress: E-health and Telemedicine ("Report") in response to a Congressional request for HHS to provide an update on its telehealth efforts. The Report offers background on...

 

HTMLNew Regulations Authorize PHMSA to Issue Emergency Orders to Address Imminent Hazards
Kenneth B. (Ken) Driver, Erica E. Youngstrom; Jones Day;
Legal Alert/Article
November 16, 2016, previously published on November 2016
On October 3, 2016, as required by the PIPES Act of 2016 ("PIPES Act"),[1] the U.S. Department of Transportation's ("DOT") Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued interim regulations authorizing the agency to issue emergency orders to...

 

HTMLU.S. Antitrust Enforcers Release Antitrust Guidance for HR Professionals and Announce Intent to Proceed Criminally Against Naked Wage-Fixing and No-Poaching Agreements
David C. Kiernan, Craig A. Waldman, Margaret A. (Peggy) Ward, H. Kristie Xian; Jones Day;
Legal Alert/Article
November 16, 2016, previously published on October 2016
The U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) recently released joint antitrust guidance alerting managers and human resource (HR) professionals on how to avoid antitrust issues in hiring and compensation practices. The guidance addresses so-called...

 

HTMLFDA Finalizes Two Guidance Documents Concerning Sunscreen TEAs
Jonathan Berman, Colleen M. Heisey, Francoise S. Labrousse, Katherine M. Llewellyn, Cristiana Spontoni; Jones Day;
Legal Alert/Article
November 2, 2016, previously published on October 2016
On October 11, 2016, pursuant to the deadline set out in the Sunscreen Innovation Act ("SIA"), FDA finalized two of the four guidance documents published in draft form on November 23, 2015. These guidance documents relate to the time and extent application ("TEA") process to...

 


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