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Document(s) published by this organization: 351


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HTMLTaking a Stand Where Few Have Trodden: Structured Dismissal Held Clearly Authorized by the Bankruptcy Code
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common as a way to minimize cost and maximize creditor recoveries. However, only a handful of rulings have been issued on the subject, perhaps because...

 

HTMLEPA Proposes to Eliminate Startup, Shutdown, and Malfunction Affirmative Defenses Under Clean Air Act
Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The United States Environmental Protection Agency ("EPA") proposed on September 5, 2014 to prohibit excess emissions during periods of startup, shutdown, or malfunction ("SSM") in State Implementation Plans ("SIPs") under the Clean Air Act ("CAA"). EPA...

 

HTMLRepeal of the Interest-Withholding Tax on Certain Cross-Border Loans
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As a rule, if a nonresident lender grants a loan to an Italian resident borrower, the interest paid on the loan is subject to a 26 percent withholding tax in Italy unless the lender is eligible for the exemption under the Italian laws that implemented the EU Interest and Royalties Directive. The...

 

HTMLQuestioning the Executoriness of Trademark Licenses in Integrated Agreements
Mark G. Douglas, Laura L. Swanson; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
Protections 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...

 

HTMLThree New Tax Treaties Signed by Mexico Will Be Applicable from January 1, 2015
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
During 2014, three new tax treaties signed by Mexico with Peru, the United Arab Emirates, and Malta have been published in the Mexican Official Gazette. According to the tax treaties, their benefits will be applicable from January 1, 2015, bringing Mexico's tax treaty network to 59. Treaties with...

 

HTMLJudgment of Tokyo District Court: Application of a General Anti-Avoidance Rule Concerning Reorganization Transactions
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On March 18, 2014, the Tokyo District Court affirmed corporate tax assessments against two tax payers: Yahoo Japan Corporation ("Yahoo Japan"), a Tokyo Stock Exchange listed company, and IDC Frontier Inc. ("IDCF"), a wholly owned subsidiary of Yahoo Japan.

 

HTMLFDA Releases Framework for Overseeing Laboratory Developed Tests
Laurie A. Clarke, Brigid C. DeCoursey, Colleen Heisey; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 30, 2014, the U.S. Food and Drug Administration ("FDA") released the two draft guidance documents setting forth FDA's proposed framework for regulating Laboratory Developed Tests ("LDTs") as medical devices: (i) Draft Guidance for Industry, Food and Drug...

 

HTMLCommercially Confidential Information at Risk: The European Medicines Agency Issues Disclosure Policy
Christian B. Fulda; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As if the fight for reasonable returns on investment into drug development, currently exemplified by the discussion on the pricing of innovative products, is not enough, the pharmaceutical industry is facing one of its biggest challenges in Europe: the protection of commercially confidential...

 

HTMLLuxembourg-France Tax Treaty: Amendment Signed on September 5, 2014
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 5, 2014, French Minister of Finance Michel Sapin and Luxembourgian Minister of Finance Pierre Gramegna signed an amendment to the France-Luxembourg Tax Treaty (1958) (the "Tax Treaty"), as amended by the 1970 exchange of letters and by the 1970, 2006, and 2009 protocols.

 

HTMLTax Rules Included in the Mexican Energy Reform
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On August 6, 2014, the Mexican Congress approved some of the secondary legislation related to the so-called Mexican Energy Reform. The approved laws were published in the Mexican Official Gazette on August 11, 2014. Among the approved secondary legislation is the Hydrocarbons Revenues Law, which...

 


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