Document(s) published by this organization: 362
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|Are Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case|
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
February 26, 2015, previously published on February 2015A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...
|Court Rules That Trademark Licensees Are Protected by Section 365(n) and That Licensees’ Rights Cannot Be Extinguished by Sale Free and Clear Absent Consent|
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
February 26, 2015, previously published on January/February 2015Protections added to the Bankruptcy Code in 1988 that give some intellectual property ("IP") licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a trademark...
|Are You Covered for CyberWarfare, CyberTerrorism and CyberVandalism?|
John E. Iole; Jones Day;
February 25, 2015, previously published on December 23, 2014Cyber attacks are now a routine part of the corporate landscape. Businesses regularly defend against or succumb to cyber infiltrations and data exfiltrations that can result in hundreds of millions of dollars of loss. The losses obviously are not confined to property and information — the...
|The “I” of the Storm: Insured vs. Insured Exclusion Found to be Ambiguous|
Peter D. Laun; Jones Day;
February 25, 2015, previously published on December 29, 2014When banks fail, the FDIC generally steps in as receiver. Seemingly inevitably, these bank failures result in claims by the FDIC, acting as receiver for the failed bank, its creditors, its shareholders, etc.
|Missouri Court Finds That “Ineffective” Reservation of Rights Letters May Support Bad Faith Recovery Even in the Absence of Coverage|
Carolyn A. Woodson; Jones Day;
February 25, 2015, previously published on November 12, 2014All too often, instead of sending reservation of rights letters that unambiguously inform the insured of the insurer’s coverage position, insurers send longwinded, generic letters with a cursory discussion of the claim’s facts, minimal (if any) coverage analysis, extensive policy...
|Australian Antitrust Enforcement Focuses on Healthcare & Life Sciences|
Jason A. Beer, Stella Lee, Bevin M.B. Newman, Nick Taylor; Jones Day;
February 25, 2015, previously published on December 2014The Australian Competition and Consumer Commission (ACCC) has continued its focus on the healthcare and life sciences sectors this year, most recently commencing litigation against Little Company of Mary Health Care, operator of Calvary Health (Calvary), a major Australian healthcare provider.
|What's Next for Mexico's Oil and Gas Industry|
José A. Estandía, Mauricio E. Llamas C., William P.M. Schwind, Arturo de la Parra R.; Jones Day;
February 25, 2015, previously published on December 2014The Mexican government continues to take impressive steps to give effect to the country's transformative energy reform package. While the reforms that have been passed so far have been sweeping in scope, they have not always been specific in detail, and we expect the next phase of the reforms to...
|Utah Joins the Growing Fold: Damage From a Faulty Product is an Occurrence Under a CGL Policy|
Peter D. Laun; Jones Day;
February 25, 2015, previously published on December 15, 2014Joining a clear trend of state and federal courts rejecting insurance industry arguments that property damage resulting from faulty workmanship or defective products cannot be an “occurrence” under a CGL policy, the 10th Circuit, applying Utah law, held that damage to third-party...
|President Signs End-Of-Year Cybersecurity Legislation Into Law|
Nandini Iyer, Richard J. Johnson, Gabriel Morris Ledeen, Mauricio F. Paez, Katherine S. Ritchey; Jones Day;
February 25, 2015, previously published on December 2014On December 18, 2014, President Obama signed into law five cybersecurity-related bills that address concerns recently brought to the forefront by highly publicized intrusions into public and private networks.
|TCPA Plaintiff Gave Consent to Calls Based on Prior Class Action Settlement|
William F. Dolan, Gregory R. Hanthorn, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott; Jones Day;
February 25, 2015, previously published on December 2014A recent case highlights the importance of carefully drafting settlement agreements. In that case, a federal district court judge held that a prior class action settlement precluded the plaintiff from filing released claims in a new lawsuit under the Telephone Consumer Protection Act...