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Document(s) published by this organization: 416


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HTMLTrademark Licensees Beware: The Hypothetical Test Lives On in the Third Circuit
Mark G. Douglas, Christopher M. Healey; Jones Day;
Legal Alert/Article
June 10, 2015, previously published on May/June 2015
Trademark licensees that file for bankruptcy protection face uncertainty concerning their ability to continue using trademarks that are crucial to their businesses. Some of this stems from an unsettled issue in the courts as to whether a licensee can assume a trademark license without the...

 

HTMLCredit Bidding Alert: Fifth Circuit Rules That Inaction Results in Waiver of Right to Credit Bid
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
June 10, 2015, previously published on May/June 2015
Even after the U.S. Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012), pronounced in no uncertain terms that a secured creditor must be given the right to “credit bid” its claim in a bankruptcy sale of its collateral, the controversy over...

 

HTMLRecent Requests For Priority Preliminary Rulings
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
An application for a priority preliminary ruling on the issue of constitutionality (Question prioritaire de constitutionnalité, QPC) is the right of any person who is involved in legal proceedings before a court to argue that a statutory provision infringes rights and freedoms guaranteed by...

 

HTMLExceptional Depreciation of Industrial Assets 
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
The French Government introduced as part of its bill for growth and activity (Projet de loi pour la croissance et l'activité, or Projet de loi Macron, Macron Draft Law) a new measure aiming at boosting industrial investment in France: an exceptional additional 40 percent depreciation of...

 

HTMLDeadline Extended for New Filers of Mandatory Economic Survey of U.S. Investment Abroad
Chad O. Dorr, Laura L. Fraedrich, Chase David Kaniecki, Lindsey Michelle Nelson, Donald G. Yeargin; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Last month, we alerted U.S. companies with foreign subsidiaries and branches to the impending deadline for the U.S. Department of Commerce, Bureau of Economic Analysis ("BEA") Benchmark Survey of U.S. Direct Investment Abroad, also known as the "BE-10" survey. A copy of that...

 

HTMLCorporate Tax Treatment of Loans Between A French Head Office and A Non-French Branch
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
A French bank, acting from its head office, had advanced loans to various branches located in China, Philippines, India, Singapore, and Thailand. In certain cases, the interest paid on the loans was subject to WHT in the source country, and the head office took the position that it was entitled to...

 

HTMLSupreme Court Affirms Narrow Scope of Wartime Suspension of Limitations Act, Interprets False Claims Act "First to File" Rule
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Grant H. Willis, Donald G. Yeargin; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
In a unanimous decision issued on May 26, 2015, the United States Supreme Court closed the window that several lower courts had opened for bringing False Claims Act ("FCA") actions, finding that the Wartime Suspension Limitations Act ("WSLA"), 18 U.S.C. §3287, applies only...

 

HTMLDoing Business with the Government? What You Should Know about Cybersecurity
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Government contractors are in a difficult position when it comes to cybersecurity. Not only do they need to worry about cybersecurity issues that affect almost every company, but they also often house sensitive government data that can carry additional obligations. Further, the very fact that they...

 

HTMLTreatment of Foreign Nonprofit Organizations 
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
As discussed in previous French Tax Updates (see June 2014 and February 2015), the treatment of French source dividends paid to foreign nonprofit organizations (NPOs) raises the issue of comparability of NPOs with French nonprofit organizations. The practical impact of the analysis is that, in the...

 

HTMLScope of the Former 40 Percent Tax Basis Relief on Dividends
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Under the relevant French tax rules in force until 2012, individual shareholders domiciled for tax purposes in France could benefit from a 40 percent tax basis relief on the amount of dividends subject to the progressive tax scale of French personal income tax (up to 45 percent), unless they had...

 


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