Document(s) published by this organization: 484
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|U.S. Appeals Court Says Refusal to Sell Larger Package Sizes to All Customers Not Illegal Discrimination Under Robinson-Patman Act|
Thomas (Tom) Demitrack, Kathryn M. (Kathy) Fenton, Michelle K. Fischer, Kristiana A. (Kris) Garcia; Jones Day;
September 1, 2016, previously published on August 2016In a unanimous decision, the Seventh Circuit has held that decision by The Clorox Company to sell larger size packages of its products only to some retailers (like club stores) and not others (like the plaintiff, a regional grocery chain) did not violate the Robinson-Patman Act's (RPA) prohibition...
|Final Rule on Section 1557 of the ACA Has Implications for Digital Health Industry|
Stephen E. (Steve) Gillette, Alexis S. Gilroy, Kevin D. Lyles, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
August 25, 2016, previously published on Augsut 2016On May 18, 2016, the Department of Health and Human Services ("HHS") issued a final rule implementing Section 1557 of the Patient Protection and Affordable Care Act ("ACA"), which prohibits discrimination on the grounds of race, color, national origin, sex, age, or disability in...
|A Busy Summer for DDTC: Increased AECA Civil Penalties, New ITAR Definitions and Forms|
Chad O. Dorr, Laura Fraedrich, Michael P. (Mike) Gurdak, Chase D. Kaniecki, D. Grayson Yeargin; Jones Day;
August 25, 2016, previously published on August 2016It has been a busy summer for the U.S. Department of State's Directorate of Defense Trade Controls ("DDTC"). Since early June 2016, DDTC has announced changes that will affect International Traffic in Arms Regulations ("ITAR") compliance programs and enforcement actions. The...
|The Data Retention Saga Continues: European Court of Justice and EU Member States Scrutinize National Data Retention Laws|
Paloma Bru, Laurent De Muyter, Jonathon Little, Mauricio F. Paez, Undine von Diemar; Jones Day;
August 23, 2016, previously published on August 2016Triggering a landslide of legislative reforms and legal battles, the European Court of Justice’s (“ECJ”) landmark judgment of April 8, 2014, Digital Rights Ireland (C-293/12), invalidated the Data Retention Directive 2006/24/EC, which provided that providers of publicly available...
|U.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law|
Mark G. Douglas, Ben Rosenblum; Jones Day;
August 18, 2016, previously published on July/August 2016On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code, that would have allowed the commonwealth’s public instrumentalities to restructure a significant portion of...
|In Head-to-Head Contest Between Separate Debtors in Bankruptcy, Right to Reject Executory Contract Prevails|
Joseph A. Florczak; Jones Day;
August 18, 2016, previously published on July/August 2016A recent dispute in the U.S. Bankruptcy Court for the Eastern District of Missouri addressed a somewhat novel question of bankruptcy law: What is the proper standard of review when a debtor in a chapter 11 case wants to reject a contract with a counterparty that is also a chapter 11 debtor in a...
|Australia Seeks Tougher Penalties and Makes Increased Use of Commitments in Settlements|
Prudence Smith, Nick Taylor; Jones Day;
August 18, 2016, previously published on August 2016We have in recent alerts discussed the increasingly aggressive enforcement activities of the Australian Competition and Consumer Commission. Unremittingly higher penalties is one unfortunate characteristic of the ACCC's enforcement program, mitigated somewhat by its willingness to accept...
|Mexican National Hydrocarbons Commission Publishes Round Two Bid Guidelines|
Salvador Gallo, Francisco Pams, William Prescott Mills (Scott) Schwind (Scott), Alberto de la Parra Z.; Jones Day;
August 17, 2016, previously published on July 2016On July 20, 2016, Mexico's National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos) ("CNH") published in the Mexican Official Gazette (Diario Oficial de La Federación) the bid guidelines for international public tender CNH-R02- L01/2016. This Round Two auction...
|The Third Circuit Rules That Tender Offer Prior to Confirmation of Chapter 11 Plan Is Not Prohibited by the Bankruptcy Code|
Mark G. Douglas, Charles M. (Charlie) Oellermann; Jones Day;
August 17, 2016, previously published on July/August 2016In the March/April 2015 issue of the Business Restructuring Review, we discussed a ruling by the U.S. District Court for the District of Delaware addressing the propriety of an unusual pre-confirmation tender offer in the chapter 11 cases of Energy Future Holding Corporation and its affiliates...
|China MOFCOM Uses New Market Definition in AB InBev's Acquisition of SABMiller|
Lawrence Wang, Peter J. Wang, Yizhe Zhang; Jones Day;
August 17, 2016, previously published on August 2016The Chinese Ministry of Commerce (MOFCOM), China’s antitrust enforcement agency for mergers, has conditionally approved the USD108 billion acquisition of SABMiller PLC by Anheuser-Busch InBev NV, in a Decision published July 29, 2016. The MOFCOM Decision requires divestiture of the 49%...