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Document(s) published by this organization: 340


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HTMLFifth Circuit Clarifies Meaning of "False" Claim Under False Claims Act
B. Kurt Copper, Sara R. Kusiak, Heather M. O'Shea; Jones Day;
Legal Alert/Article
June 24, 2014, previously published on June 2014
The recent explosion of cases arising under the False Claims Act ("FCA") certainly has caught the attention of those who do business with the government, whether health care providers, government contractors, or others. Increasingly, qui tam relators and the government attempt to assert...

 

HTMLExclusive Forum Provisions Become Mainstream
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas, Erin S. de la Mare; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on May 2014
In June 2013, the Delaware Chancery Court upheld the validity of a bylaw adopted by Chevron's board of directors that designated the Delaware courts as the sole and exclusive forum for the adjudication of certain disputes, including M&A litigation and other shareholder strike suits. Although the...

 

Adobe PDFPhysician-Owned Distributorships: Government Takes Action
Michele R. Goodman, Kristine M. Murphy, Heather M. O'Shea; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on June 2014
On February 7, the Department of Justice filed an action in the Eastern District of Michigan seeking to enforce a Civil Investigative Demand (CID) issued in connection with an investigation of a neurosurgeon’s interest in a physician-owned distributorship (POD). This is the first public...

 

HTMLTaking Sides - lyondell Limits the Use of the Section 546(e) Safe Harbor in Fraudulent Transfer Litigation
Amanda Suzuki; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on May/June 2014
In Weisfelner v. Fund 1 (In re Lyondell Chem. Co.), 503 B.R. 348 (Bankr. S.D.N.Y. 2014), the U.S. Bankruptcy Court for the Southern District of New York held that the "safe harbor" under section 546(e) of the Bankruptcy Code for settlement payments made in connection with securities...

 

HTMLAttorney General's Office Issues "Do Not Track" Disclosure Guidelines
Richard J. Johnson, Ka-on Li, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on June 2014
The California Attorney General's Office recently issued a set of guidelines, titled "Making Your Privacy Practices Public" ("Guidelines"), designed to help companies develop "meaningful" privacy policies that provide transparency, accountability, and choice for online...

 

HTMLIn Brief: Debt Purchaser’s Credit Bid Limited Post-Fisker
Mark G. Douglas; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on May/June 2014
In the March/April 2014 edition of the Business Restructuring Review, we discussed an important ruling from a Delaware bankruptcy court restricting a creditor's right to credit bid an acquired claim in a bankruptcy sale of the underlying collateral. In In re Fisker Automotive Holdings, Inc., 2014...

 

HTMLFourth Circuit Weighs In on Good-Faith Defense to Avoidance of Fraudulent Transfer
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on May/June 2014
An important defense in litigation brought by a bankruptcy trustee or chapter 11 debtor-in-possession (“DIP”) to avoid a fraudulent transfer is that the recipient provided value in exchange for the transfer and acted in “good faith.” Because the Bankruptcy Code does not...

 

HTMLNew Competition Law Adopted in Mexico
Jesus Gabriel Altamirano, Javier Martínez del Campo, Manuel Romano; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on June 2014
A new Federal Economic Competition Law recently approved by the Mexican Congress is to become effective on July 7, 2014. The new law comes after an amendment to Article 28 of the Mexican federal constitution, which bans monopolies and monopolistic practices and seeks to strengthen competition in...

 

HTMLEighth Circuit Expands Subsequent New Value Preference Defense in Cases Involving Three-Party Relationships
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on May/June 2014
A bankruptcy trustee or chapter 11 debtor-in-possession has the power under section 547 of the Bankruptcy Code to avoid a transfer made immediately prior to bankruptcy if the transfer unfairly prefers one or more creditors over the rest of the creditor body. However, not every payment made by a...

 

Adobe PDFEPA Proposes Clean Power Plan for Greenhouse Gas Emissions from Existing Electric Generating Units
Casey F. Bradford, Simon P. Hansen, Christine M. Morgan, Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
June 11, 2014, previously published on June 2014
On June 2, 2014, the U.S. Environmental Protection Agency ("EPA") issued a proposed rule to control carbon emissions from existing electric generating units ("EGUs"). Calling it the Clean Power Plan, EPA's proposed emission guidelines under Section 111(d) of the Clean Air Act...

 


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