Document(s) published by this organization: 346
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|Eighth Circuit Expands Subsequent New Value Preference Defense in Cases Involving Three-Party Relationships|
Mark G. Douglas, Charles M. Oellermann; Jones Day;
June 11, 2014, previously published on May/June 2014A 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...
|Director Tenure: The New Frontier in Board Independence|
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas, Erin S. de la Mare; Jones Day;
June 10, 2014, previously published on June 2014Director independence has been a key corporate governance issue for many years, and independence standards have become significantly more stringent in the wake of Sarbanes-Oxley and evolving exchange listing requirements. Currently, independence standards generally focus on material relationships...
|Investment Funds in the Dubai International Financial Centre: A Lighter Touch Coming?|
Eric J. Milne, Daniel Partovi; Jones Day;
June 10, 2014, previously published on June 2014There are currently a number of different options for establishing and offering investment funds from the United Arab Emirates (the "UAE"), and all of these options are highly regulated. One option is to establish a fund in the Dubai International Financial Centre (the "DIFC"),...
|Proposed Changes To The EU Parent-Subsidiary Directive, Q2 Noteworthy Publications, and FATCA and BEPS Updates|
Siamak Mostafavi; Jones Day;
June 10, 2014, previously published on June 2014The present French Tax Update will look over (i) the modifications to the EU Parent¿Subsidiary Directive ("PSD") that were recently proposed and amended by the European Commission, (ii) recent advisory opinions issued by the Committee in charge of abuse of law matters (Comité...
|Commencement Requirements Relaxed for Australian Class Actions?|
John Emmerig, Michael Legg; Jones Day;
June 10, 2014, previously published on June 2014To commence a class action in the Federal Court, the class action legislation provides that "7 or more persons" must "have claims against the same person".
|FDA's Fifth Draft Guidance on Biosimilars Sheds New Light on Approval Pathway|
Colleen Heisey, Mark Mansour, Christopher M. Mikson, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
May 30, 2014, previously published on May 2014On May 13, the U.S. Food & Drug Administration ("FDA") issued a draft guidance, Clinical Pharmacology Data to Support a Demonstration of Biosimilarity to a Reference Product. The draft guidance is intended to assist biological product sponsors with the design and use of clinical...
|EU Court of Justice Clarifies Responsibilities of Internet Search Engines Regarding So-Called "Right to be Forgotten"|
Paloma Bru; Jones Day;
May 28, 2014, previously published on May 2014On May 13, 2014, the Court of Justice of the European Union ("CoJ" or "Court") adopted a judgment that resolves several questions about the interpretation of the EU Data Protection Law (Directive 95/46/EC) in relation to the activity of internet search engines.
|Break Point? Delaware Supreme Court Upholds Validity of Fee-Shifting Bylaw|
Robert W. Gaffey, Lyle G. Ganske, Eric Landau, Robert A. Profusek, Lizanne Thomas; Jones Day;
May 28, 2014, previously published on May 2014On May 8, 2014, in ATP Tour, Inc. v. Deutscher Tennis Bund, et al., No. 534, 2013, the Delaware Supreme Court ruled that a bylaw shifting attorneys' fees and costs to the losing party in intra-corporate litigation can be valid and enforceable under Delaware law. While the case involved a member...
|China's MOFCOM Conditionally Clears Microsoft/Nokia and Merck/AZ|
Sébastien J. Evrard, Peter J. Wang, Yizhe Zhang; Jones Day;
May 28, 2014, previously published on May 2014China's Ministry of Commerce has issued two new conditional approval decisions relating to Microsoft’s acquisition of Nokia and Merck’s acquisition of AZ Electronics. These decisions show that MOFCOM will pay close attention to the intellectual property rights owned by the parties to...
|Federal Appellate Court Rules that the FCPA Prohibits Corrupt Payments to Certain Foreign Government-Owned Businesses|
Richard H. Deane, Jamila M. Hall, Henry Klehm, Peter J. Romatowski, Hank Bond Walther; Jones Day;
May 28, 2014, previously published on May 2014For the first time since the enactment of the Foreign Corrupt Practices Act ("FCPA"), a federal appellate court has defined what constitutes an "instrumentality" of a foreign government under the FCPA. Last week, the Eleventh Circuit agreed with the government that the...