Document(s) published by this organization: 427
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|Texas District Court Affirms Bankruptcy Court’s Use of Claim Estimation Process|
Bryan Mann Kotliar; Jones Day;
August 6, 2015, previously published on July/August 2015Many companies that file for bankruptcy protection have liabilities that cannot be definitively quantified as of the bankruptcy petition date. Such “unmatured,” “contingent,” “unliquidated,” or “disputed” debts could arise from, among other things:...
|Tax Court Overturns IRS Cost-Sharing Regulation|
Joseph A. Goldman, Karl L. Kellar, Edward T. Kennedy, Jerry N. Smith, Raymond J. Wiacek; Jones Day;
August 6, 2015, previously published on July 2015On July 27, 2015, in Altera Corporation v. Commissioner, 145 T.C. No. 3 (2015), the Tax Court held Treasury regulation section 1.482-7(d)(2) (the "Regulation") invalid. This decision is significant to taxpayers who are parties to cost-sharing arrangements with foreign affiliates but, if...
|The Global Patent Prosecution Highway: Enhancing Attractiveness for Applicants and Patent Offices|
Matthias S. Euler, Andreas Holzwarth-Rochford, Dorothee Weber-Bruls; Jones Day;
August 6, 2015, previously published on July 2015During the last couple of years, a considerable number of Patent Prosecution Highway ("PPH") programs between national and regional patent offices were launched. Five years ago, we commented on those involving the European Patent Office ("EPO"), the United States Patent and...
|Court of Appeals Affirms $237 Million Judgment Against Community Hospital|
B. Kurt Copper, Benjamin B. Menker; Jones Day;
August 4, 2015, previously published on July 2015Health care providers, government contractors, and others defending investigations and lawsuits under the False Claims Act ("FCA") face many difficult strategic considerations. In cases involving complex underlying regulatory schemes, those decisions become even more critical and can...
|UK's Competition Authority Sends Message, Clarifies Criteria for Ruling on Pharma Discounts|
Alan Davis, Matt Evans, Francesco Liberatore; Jones Day;
July 31, 2015, previously published on July 2015The UK's Competition and Markets Authority ("CMA") has closed an investigation under competition rules into certain discounts and rebates in the pharmaceutical sector. Rather than taking enforcement action or concluding that the pricing practice does not infringe UK/EU competition law,...
|EU Court Considers Antitrust Liability for Failing to React to Third Party Actions|
Alan Davis, Yvan N. Desmedt, Matt Evans, Alexandre G. Verheyden; Jones Day;
July 31, 2015, previously published on July 2015An advisor to Europe's highest court, the Court of Justice of the European Union ("CJEU"), is encouraging the CJEU to adopt a strict standard for companies to distance themselves from potentially anticompetitive actions by a third party with which they do business. In a case involving...
|EPA’s Proposed Endangerment Finding for Aircraft Greenhouse Gas Emissions Opens Door to Additional Industry Regulation|
Jennifer M. Hayes, Rebecca MacPherson, John A. Rego, Charles T. Wehland; Jones Day;
July 31, 2015, previously published on July 2015On June 10, 2015, the United States Environmental Protection Agency ("EPA") proposed an endangerment finding that it calls "a preliminary but necessary first step to begin to address GHG emissions from the aviation sector" under the Clean Air Act ("CAA"). EPA also...
|Germany Rushes to Adopt a New IT Security Act|
Wolfgang Büchner, Ted-Philip Kroke, Undine von Diemar; Jones Day;
July 31, 2015, previously published on July 2015The German Federal Council (Bundesrat) has approved the Act regarding Improved Security of Information Technology systems ("IT Security Act") on July 10, 2015 without seeing a need to defer it to the Reconciliation Committee (Vermittlungsschuss). Shortly before, on June 12, 2015, the...
|Court Affirms FTC's New HSR Rule on Pharmaceutical Patent License Transfers|
Michael H. Knight, Bevin M.B. Newman, Geoffrey D. Oliver, Michael Sennett, Pamela L. Taylor; Jones Day;
July 28, 2015, previously published on July 2015The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule,...
|EPO: Minor Text Changes to Patent Application Need Not Slow Grant Process|
Olga Bezzubova, Diana C. Leguizamon-Morales; Jones Day;
July 28, 2015, previously published on July 2015The European Patent Office's ("EPO") quest to increase procedural efficiency has led to a revision of the final steps in the patent grant procedure. Now that a communication under Rule 71(3) EPC¿Intention to Grant has issued, applicants may waive their right to issuance of a further...