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Document(s) published by this organization: 461


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HTMLCongress Passes Measure to Facilitate the Reduction of Duties on Certain Imports
Laura Fraedrich, Chase D. Kaniecki, Christopher M. Tipler; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 11, 2016, Congress passed the American Manufacturing Competitiveness Act of 2016 ("Act"). The Act reforms the Miscellaneous Tariff Bill ("MTB") process, pursuant to which Congress suspends or reduces tariffs on merchandise imported into the United States. While measures...

 

HTMLDeciphering Sikkelee: Implications for Aviation Claims and Product Manufacturers
Tarah E. Ackerman, Kevin D. Boyce, Erin L. Burke, John D. Goetz, Devin A. Winklosky; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On April 19, 2016, the Third Circuit issued its long-awaited decision in Sikkelee v. Precision Airmotive Corp. et al.[1] Aviation product manufacturers had hoped the opinion, which considered whether the Federal Aviation Act ("Act") and Federal Aviation Act ("FAA") regulations...

 

HTMLSeventh Circuit Rules That Prepetition Nonresidential Lease Termination Is Voidable “Transfer” in Bankruptcy
Mark G. Douglas, Timothy (Tim) Hoffmann; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
Even before Congress added section 365(c)(3) to the Bankruptcy Code in 1984, it was generally understood that a nonresidential real property lease which has been validly terminated under applicable law prior to a bankruptcy filing by the debtor-former tenant cannot be assumed or assigned in...

 

HTMLSovereign Debt Update
Mark G. Douglas; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
The Republic of Argentina returned to global debt markets after a 15-year absence on April 19, 2016, when it sold $16 billion in bonds to fund a series of landmark settlements reached earlier this year with holdout bondholders from the South American nation’s 2005 and 2010 debt...

 

HTMLBlocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable
Mark A. Cody, Mark G. Douglas; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
A contractual waiver of an entity’s right to file for bankruptcy is generally invalid as a matter of public policy. Nonetheless, lenders sometimes attempt to prevent a borrower from seeking bankruptcy protection by conditioning financing on a covenant, bylaw, or corporate charter provision...

 

HTMLSun Capital Update: District Court Doubles Down on Imposition of Pension Liability for Private Equity Funds
Aaron M. Gober-Sims, Lisa G. Laukitis; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
Amendments to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., in 1980 made “trade[s] or business[es]” that are under “common control”—which has since been defined by regulation to mean 80 percent common...

 

HTMLFirst Impressions: Third Circuit Rules That a Terminated Collective Bargaining Agreement May Be Rejected Under Section 1113
Mark G. Douglas, T. Daniel (Dan) Reynolds; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
In In re Trump Entm’t Resorts UNITE HERE Local 54, 810 F.3d 161 (3d Cir. 2016), the U.S. Court of Appeals for the Third Circuit answered a question of apparent first impression among the circuit courts of appeal by ruling that section 1113 of the Bankruptcy Code permits a bankruptcy trustee...

 

HTMLSabine Bankruptcy Judge Issues Binding Ruling That Covenants in Rejected Midstream Agreements Do Not Run With the Land
Thomas A. (Tom) Howley, Omar Samji, Jeffrey A. (Jeff) Schlegel; Jones Day;
Legal Alert/Article
June 14, 2016, previously published on May/June 2016
On May 3, 2016, Judge Chapman issued a binding ruling in the Sabine chapter 11 cases that the covenants in the rejected midstream gathering agreements “do not run with the land either as real covenants or as equitable servitudes.” See Sabine Oil & Gas Corp. v. HPIP Gonzales...

 

HTMLTexas High Court Finds Texas Uniform Trade Secrets Act Can Exclude Opposing Party from Injunction Proceedings
Thomas F. Allen, Joseph M. (Joe) Beauchamp, Keith B. Davis, Richard J. (Jay) Johnson, Robert W. (Bob) Kantner; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 20, 2016, the Texas Supreme Court issued its first decision interpreting the Texas Uniform Trade Secrets Act. In In re M-I, LLC, an opinion with significant implications, the Supreme Court held that a trial court may exclude a party's corporate representative from preliminary injunction...

 

HTMLIRS Extends Windpower Developers' Time to Receive Production Tax Credits
Gerald P. (Jerry) Farano, Louis J. Jenull, Andrew P. Mina, Danielle M. Varnell, Todd Wallace; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 5, 2016, the Internal Revenue Service ("IRS") updated guidance regarding the "beginning of construction" requirement for renewable energy facilities seeking to qualify for the production tax credit ("PTC") and the investment tax credit ("ITC")...

 


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