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Document(s) published by this organization: 466


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HTMLFederal Circuit Denies Reconsideration of Its Decision that the ITC Lacks Jurisdiction Over Electronic Transmission of Digital Data
Gregory A. Castanias, Richard (Rich) Fieman, Blaney Harper, Yury Kalish, David M. Maiorana; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On March 31, 2016, the Federal Circuit denied the United States International Trade Commission's ("ITC") petition to rehear en banc its November 2015 holding that the ITC lacks authority over the importation of electronically transmitted digital data. See ClearCorrect Operating, LLC v....

 

HTMLProposed Swiss International Insolvency Law Reforms
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on March/April 2016
In October 2015, the Swiss Federal Department of Justice and Police (Eidgenössisches Justiz- und Polizeidepartement) published a preliminary draft of reforms to title 11 of the Swiss Private International Law Act (“SPILA”), which governs insolvency proceedings and compensation...

 

HTMLFacebook Settles Derivative Lawsuit Challenging Outside Director Pay
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee director compensation program, including specific equity grants, some historical grants, and retainer fees, to a vote of shareholders at its 2016...

 

HTMLChain of Responsibility Reforms Set to Overhaul Liability for Environmental Clean-Ups in Queensland
Brett Heading, James I. Parker, Tony Wassaf; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March 2016
The mining and resources downturn is bringing forward the closure of many of Australia's ageing smelters, steelworks, power stations and mines and their corresponding environmental rehabilitation obligations. Often, the owners of those assets lack the financial ability to cover their statutory...

 

HTMLFirst Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of...

 

HTMLSovereign Debt Update
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In a historic decision with the potential to end 15 years of litigation between the Republic of Argentina and holdout bondholders from the financially strapped South American nation’s 2005 and 2010 sovereign debt restructurings, Judge Thomas Griesa of the U.S. District Court for the Southern...

 

HTMLSouthern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
Mark G. Douglas, Justin Morgan; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United...

 

HTMLChapter 15 Recognition Denied Due to COMI Manipulation Scheme to Evade U.K. Judgment
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
More than a decade after the enactment of chapter 15 of the Bankruptcy Code, issues pertaining to recognition of a foreign debtor’s bankruptcy or insolvency proceeding under chapter 15 have, in large part, shifted from the purely procedural inquiry (such as the foreign debtor’s center...

 

HTMLEnergy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the...

 

HTMLChina: Implementing Rules on Labor Contract Law Released for Public Comments
Ivy Wang, Liming Yuan; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In July 2015, the Ministry of Human Resources and Social Security of the People's Republic of China ("PRC") released Draft Provisions Related to the Implementation of PRC Labor Contract Law for public comments ("Draft"). The Draft provides detailed interpretations clarifying...

 


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