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HTMLSupreme Court Upends Law of Treble Damages in Patent Cases
Gregory A. (Greg) Castanias, Randy Kay, Greg Lanier, David M. (Dave) Maiorana, Kelsey I. Nix; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
On June 13, 2016, the United States Supreme Court dealt the Federal Circuit another reversal on an issue of law fundamental to patent infringement litigation. Prior to the Court's decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (which was consolidated for decision with...

 

HTMLThird Time's a Charm for Net Neutrality: D.C. Circuit Upholds FCC's Reclassification of Broadband
Michael B. Hazzard, Bruce A. Olcott, Preston N. Thomas; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
After seven years and three tries, the Federal Communications Commission ("FCC") appears to have found the winning combination for a defensible net neutrality policy. In a sweeping 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit upheld the 2015 "Open Internet...

 

HTMLFederal Bank Regulators Propose New Long-Term Liquidity Standards
Lisa M. Ledbetter, Courtney Lyons Snyder; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
The Board of Governors of the Federal Reserve System ("Board"), Office of the Comptroller of the Currency ("OCC"), and Federal Deposit Insurance Corporation ("FDIC") (collectively, the "Agencies") each recently released a joint proposed rule, Net Stable...

 

HTMLU.S. Supreme Court Holds that "Actual Fraud" Discharge Bar Encompasses Fraudulent Transfers
Shay Dvoretzky, Emily J. Kennedy; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 16, 2016, the U.S. Supreme Court decided Husky International Electronics, Inc. v. Ritz, No. 15-145, holding that the "actual fraud" bar to discharge under section 523(a)(2)(A) of the Bankruptcy Code encompasses an individual debtor's knowing receipt of fraudulently transferred...

 

HTMLCongress Passes Measure to Facilitate the Reduction of Duties on Certain Imports
Laura Fraedrich, Chase D. Kaniecki, Christopher M. Tipler; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 11, 2016, Congress passed the American Manufacturing Competitiveness Act of 2016 ("Act"). The Act reforms the Miscellaneous Tariff Bill ("MTB") process, pursuant to which Congress suspends or reduces tariffs on merchandise imported into the United States. While measures...

 

HTMLU.S. Further Lifts Limits on Transactions Incident to Exports to and from Burma (Myanmar)
Sean Thomas Boyce, Laura Fraedrich, Michael P. (Mike) Gurdak, Fahad A. Habib, D. Grayson Yeargin; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 17, 2016, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") announced the first significant amendments to its Burmese Sanctions Regulations, 31 C.F.R. Part 537 ("BSR"), since February 2013. Specifically, OFAC announced that, effective on May...

 

HTMLCFPB Proposes New Rule on Mandatory Consumer Arbitration Clauses
Lisa M. Ledbetter, Sanjay Narayan; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
Arbitration as a means of dispute resolution is intended to help consumers and businesses save time and money and achieve fair results when compared to traditional litigation. Millions of contracts for consumer financial products and services have a pre-dispute arbitration clause that requires...

 

HTMLConcurrent Delay: Clearing Up the Confusion Over "Apportionment" in Construction Litigation
Joseph E. (Joe) Finley, Esha Mankodi, Andrew D. (Andy) Ness, Kevin O'Brien, Christopher N. (Chris) Thatch; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
Whether a period of concurrent delay properly may be "apportioned" between the parties to a construction contract was a key issue recently in a major construction dispute. Jones Day represented the owners of a half-completed, multibillion dollar project, which had suffered a two-year...

 

HTMLIRS Extends Windpower Developers' Time to Receive Production Tax Credits
Gerald P. (Jerry) Farano, Louis J. Jenull, Andrew P. Mina, Danielle M. Varnell, Todd Wallace; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 5, 2016, the Internal Revenue Service ("IRS") updated guidance regarding the "beginning of construction" requirement for renewable energy facilities seeking to qualify for the production tax credit ("PTC") and the investment tax credit ("ITC")...

 

HTMLThe DOL's Final "Fiduciary" Rule—Countdown to Implementation Begins in Earnest
M. Travis DeHaven, Alan S. Miller, Sara Pikofsky; Jones Day;
Legal Alert/Article
June 6, 2016, previously published on April 2016
On April 6, 2016, the Department of Labor ("DOL") issued final regulations ("Final Rule") defining who is a fiduciary as a result of giving "investment advice" to an employee benefit plan subject to the Employee Retirement Income Security Act ("ERISA") or an...

 


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