Document(s) published by this organization: 344
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|FERC Acts to Ensure that Utility Cost-Based Rates Include an Adequate Return on Equity|
James C. Beh, Kenneth B. Driver, Matthew R. McGuire, Kevin J. McIntyre, William Weaver; Jones Day;
July 10, 2014, previously published on June 2014In June, the Federal Energy Regulatory Commission ("FERC" or "Commission") issued Opinion No. 531, which details three significant changes to the way FERC determines the rate of return on equity ("ROE") in public utility rate cases. First, FERC modified its...
|EU Commission Adopts Revised Safe Harbor Rules for Minor Agreements and Provides Guidance on "By Object" Restrictions of Competition|
Bernard E. Amory, Serge Clerckx, Yvan N. Desmedt, Karl Stas, Alexandre G. Verheyden; Jones Day;
July 9, 2014, previously published on July 2014The European Commission has published revised safe harbor rules for agreements that are not deemed to appreciably restrict competition. This is the so-called "De Minimis Notice," the first version of which dates back to 2001. At the same time, the Commission also published guidance on the...
|Time Running Out to File Comments on OIG Proposed Rulemaking That Gives OIG Limitless Time to Exclude Providers|
Laura F. Laemmle-Weidenfeld, Heather M. O'Shea, Stephen G. Sozio, Heidi Ann Wendel; Jones Day;
July 1, 2014, previously published on June 24, 2014Statutes of limitation serve an essential purpose in ensuring that claims are timely pursued before evidence becomes stale, and that parties can manage their affairs without a cloud of potential liability hanging over them indefinitely. These purposes apply with particular force in the context of...
|Supreme Court Decision in Halliburton II Affords Welcome Tool to Defendants|
Michael L. Davitt, N. Scott Fletcher, William S. Freeman, Robert W. Gaffey, Peter J. Romatowski; Jones Day;
July 1, 2014, previously published on June 2014On June 23, the United States Supreme Court issued its highly anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 ("Halliburton II"), ruling that defendants may defeat class certification in securities fraud cases if they show that alleged misrepresentations...
|United States Patent and Trademark Office Cancels "Disparaging" REDSKINS Trademark Registrations|
John G. Froemming, Charlotte K. Murphy, Anna E. Raimer, Meredith M. Wilkes; Jones Day;
July 1, 2014, previously published on June 2014The Trademark Trial and Appeal Board ("TTAB") issued an order on June 18 directing that six trademark registrations for REDSKINS owned by Pro-Football, Inc. ("Pro-Football") be cancelled. In a precedential decision, the TTAB granted the petition to cancel six trademark...
|Alice Corp. v. CLS Bank: Did the Supreme Court Sign the Warrant for the "Death of Hundreds of Thousands of Patents"?|
John V. Biernacki, Gregory A. Castanias, David M. Maiorana; Jones Day;
July 1, 2014, previously published on June 2014Many software and internet companies have secured patents to protect their technology investments. For some companies — especially startups — software or business - method patents may be their only valuable assets. In recent years, those kinds of patents have been attacked for being too...
|China Blocks Global Shipping Alliance|
Sébastien J. Evrard, Peter J. Wang; Jones Day;
July 1, 2014, previously published on June 2014China's Ministry of Commerce ("MOFCOM") announced on 17 June 2014 that it had prohibited the P3 Alliance among three large shipping companies. This is only the second time in five years that MOFCOM has blocked a transaction under China's Anti-Monopoly Law ("AML").
|Supreme Court Invalidates NLRB Recess Appointments|
Joshua Grossman; Jones Day;
July 1, 2014, previously published on June 2014In a decisive victory for Jones Day client Noel Canning, today the United States Supreme Court ruled unanimously that President Obama's three January 2012 recess appointments to the National Labor Relations Board (the "NLRB" or "Board") were unconstitutional under the Recess...
|D.C. Circuit Curbs FERC Authority Over Key Electricity Conservation Programs: Demand Response Deemed Beyond Federal Control|
James C. Beh, Kenneth B. Driver, Matthew R. McGuire, Kevin J. McIntyre, Mosby G. Perrow; Jones Day;
June 25, 2014, previously published on June 2014In a significant blow to the authority of the Federal Energy Regulatory Commission ("FERC" or "Commission") over incentive-based electricity conservation measures known as demand response, the United States Court of Appeals for the District of Columbia Circuit vacated a seminal...
|Deciding Whether to Play or Pay Under the Affordable Care Act - 2014 Updates|
Marlene P. Frank, Sarah Heck Griffin, Daniel C. Hagen, Elena Kaplan, F. Curt Kirschner; Jones Day;
June 25, 2014, previously published on June 2014The Patient Protection and Affordable Care Act (the “ACA”) added a new Section 4980H to the Internal Revenue Code of 1986, as amended, which generally requires employers to offer health coverage to their employees or face a penalty (the “employer Mandate”). Following are...