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Adobe PDFKey Issues and Insights for Transportation and Energy Companies Regarding Commercial Drone Operations
John D. Goetz, Ira M. Karoll, Rebecca MacPherson, Devin A. Winklosky; Jones Day;
Legal Alert/Article
July 26, 2016, previously published on July 2016
On June 21, 2016, the Federal Aviation Administration (“FAA”) released Part 107 of the Federal Aviation Regulations that, for the first time, provide standards for general operation and certification of drones or small unmanned aircraft systems (“sUAS”). The new Part 107 was...

 

HTMLEU Telecoms Regulators Consult on Draft Net Neutrality Guidelines
Yvan N. Desmedt, Rémy Fekete, Michael B. Hazzard, Holger Neumann, Bruce A. Olcott; Jones Day;
Legal Alert/Article
July 22, 2016, previously published on July 2016
The Body of European Regulators for Electronic Communications ("BEREC") is consulting on guidance for the implementation of the rules in the EU Regulation on Open Internet Access (2015/2120/EU) ("Net Neutrality Regulation"), which came into force on April 30, 2016.

 

HTMLSupreme Court Relies on Attorney Notes in Considering a Claim of Racial Profiling in Juror Selection
Bradley W. (Brad) Harrison, José A. Isasi, C. Kevin Marshall, Charles R.A. Morse, Neil Vakharia; Jones Day;
Legal Alert/Article
July 20, 2016, previously published on May 2016
On May 23, 2016, in Foster v. Chatman, No. 14-8349, the U.S. Supreme Court clarified how courts should address Batson claims of unlawful discrimination during juror selection and highlighted the role that notes in an attorney's files may play in these inquiries.

 

HTMLSecond Circuit Rejects Government's Theory of Fraud in Major FIRREA Case: Court's Ruling Restricts When a Contractual Breach May Be Held Fraudulent Under Federal Law
Harold K. Gordon, Lisa M. Ledbetter, Rajeev Muttreja; Jones Day;
Legal Alert/Article
July 15, 2016, previously published on July 2016
On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants (collectively, "Countrywide") under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989...

 

HTMLA Guide to PHMSA's Proposed Rule Expanding Natural Gas Pipeline Safety Requirements
Kenneth B. (Ken) Driver, Nicholas M. (Nick) Faas, Jennifer M. (Jen) Hayes, David A. Kutik, Charles C. (Charlie) Read; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration's ("PHMSA") recent notice of proposed rulemaking would significantly expand the safety requirements that apply to the nation's natural gas pipelines.[1] Comments on the NPRM are due July 7,...

 

HTMLSupreme Court Rules that Chevron Deference Is Not Owed to Unexplained Agency Positions
Matthew R. (Matt) Cushing, Michael J. Gray, Matthew W. (Matt) Lampe, E. Michael (Mike) Rossman, Ryan J. Watson; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court decided Encino Motorcars v. Navarro, which held that an agency is not entitled to Chevron deference when it fails to give adequate reasons to support its regulation. The case involved the Department of Labor's unexplained decision to reverse a...

 

HTMLSupreme Court Limits Extraterritorial Application of RICO
Anthony J. Dick, Gregory G. Katsas, Hashim M. Mooppan, Jacob M. Roth; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Court held that RICO's criminal provisions apply extraterritorially to a limited extent but that...

 

HTMLAuthorities Increasing Scrutiny of Employee Noncompete Agreements
Kathryn M. (Kathy) Fenton, Margaret A. (Peggy) Ward; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
U.S. authorities are increasingly scrutinizing noncompete provisions made part of employment agreements, with close focus on provisions restricting junior-level and low-wage employees. Common in technology firms, which frequently deal with proprietary information, noncompetes are becoming more...

 

HTMLSupreme Court Affirms Existing Rules for Inter Partes Review Proceedings
Gregory A. (Greg) Castanias, Anthony M. Insogna, David M. (Dave) Maiorana, John A. Marlott, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, marking a rare instance in which the Court affirmed the Federal Circuit on all issues presented. The Supreme Court addressed two key questions: (i) whether decisions by the Patent Trial...

 

HTMLAgencies Establish Baseline Cybersecurity Safeguards for Information Systems Containing Federal Contract Information
Chad O. Dorr, Christopher M. Tipler, D. Grayson Yeargin; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
Continuing its race to protect sensitive data, the United States federal government recently added cybersecurity requirements that establish basic safeguards governing information systems that government contractors must implement for new procurements. Effective June 15, 2016, the government is...

 


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