Document(s) published by this organization: 461
Show: results per page
|Congress Passes Measure to Facilitate the Reduction of Duties on Certain Imports|
Laura Fraedrich, Chase D. Kaniecki, Christopher M. Tipler; Jones Day;
June 16, 2016, previously published on May 2016On 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...
|Deciphering 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;
June 16, 2016, previously published on May 2016On April 19, 2016, the Third Circuit issued its long-awaited decision in Sikkelee v. Precision Airmotive Corp. et al. Aviation product manufacturers had hoped the opinion, which considered whether the Federal Aviation Act ("Act") and Federal Aviation Act ("FAA") regulations...
|Seventh Circuit Rules That Prepetition Nonresidential Lease Termination Is Voidable “Transfer” in Bankruptcy|
Mark G. Douglas, Timothy (Tim) Hoffmann; Jones Day;
June 15, 2016, previously published on May/June 2016Even 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...
|Sovereign Debt Update|
Mark G. Douglas; Jones Day;
June 15, 2016, previously published on May/June 2016The 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...
|Blocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable|
Mark A. Cody, Mark G. Douglas; Jones Day;
June 15, 2016, previously published on May/June 2016A 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...
|Sun Capital Update: District Court Doubles Down on Imposition of Pension Liability for Private Equity Funds|
Aaron M. Gober-Sims, Lisa G. Laukitis; Jones Day;
June 15, 2016, previously published on May/June 2016Amendments 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...
|First 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;
June 15, 2016, previously published on May/June 2016In 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...
|Sabine 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;
June 14, 2016, previously published on May/June 2016On 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...
|Texas 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;
June 13, 2016, previously published on May 2016On 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...
|IRS 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;
June 13, 2016, previously published on May 2016On 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")...