Document(s) published by this organization: 477
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|Supreme Court Rules that Chevron Deference Is Not Owed to Unexplained Agency Positions|
Matthew R. (Matt) Cushing, Michael J. Gray, Matthew W. (Matt) Lampe, E. Michael (Mike) Rossman, Ryan J. Watson; Jones Day;
July 11, 2016, previously published on June 2016On June 20, 2016, the United States Supreme Court decided Encino Motorcars v. Navarro, which held that an agency is not entitled to Chevron deference when it fails to give adequate reasons to support its regulation. The case involved the Department of Labor's unexplained decision to reverse a...
|Authorities Increasing Scrutiny of Employee Noncompete Agreements|
Kathryn M. (Kathy) Fenton, Margaret A. (Peggy) Ward; Jones Day;
July 10, 2016, previously published on June 2016U.S. authorities are increasingly scrutinizing noncompete provisions made part of employment agreements, with close focus on provisions restricting junior-level and low-wage employees. Common in technology firms, which frequently deal with proprietary information, noncompetes are becoming more...
|Supreme Court Limits Extraterritorial Application of RICO|
Anthony J. Dick, Gregory G. Katsas, Hashim M. Mooppan, Jacob M. Roth; Jones Day;
July 10, 2016, previously published on June 2016On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Court held that RICO's criminal provisions apply extraterritorially to a limited extent but that...
|Corporations in the Cross-Hairs: A View from the Product-Liability Trenches|
David B. Alden, Mark A. Belasic, Stephanie E. Parker; Jones Day;
July 7, 2016, previously published on June 2016The United States finds itself in another political Olympiad-and a remarkable, unpredictable one at that. More than in past campaigns, the major parties’ leading candidates have targeted American corporations, regularly railing against the supposedly outsized and pernicious power and...
|Supreme Court Affirms Existing Rules for Inter Partes Review Proceedings|
Gregory A. (Greg) Castanias, Anthony M. Insogna, David M. (Dave) Maiorana, John A. Marlott, Sasha Mayergoyz; Jones Day;
July 7, 2016, previously published on June 2016On June 20, 2016, the United States Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, marking a rare instance in which the Court affirmed the Federal Circuit on all issues presented. The Supreme Court addressed two key questions: (i) whether decisions by the Patent Trial...
|Projects Disputes in Australia: Recent Cases|
Simon Bellas, John B. Cooper, Steven W. Fleming, Stephen McComish; Jones Day;
July 7, 2016, previously published on June 2016In the Queensland Supreme Court, Sierra Property ("Sierra") successfully overturned an adjudication award obtained by its builder, National Construction Management ("NCM"), on the basis that the adjudicator failed to provide adequate reasons in accordance with s26(3) of the...
|Tax Court Rejects IRS Transfer Pricing Approach in Medtronic|
Joseph A. (Joe) Goldman, Lori A. Hellkamp, Karl L. Kellar, Edward T. (Ed) Kennedy; Jones Day;
June 26, 2016, previously published on June 2016Medtronic Inc. & Consolidated Subsidiaries v. Commissioner (T.C. Memo. 2016-112) is the latest defeat for the U.S. Internal Revenue Service ("IRS") in a string of transfer pricing losses. The IRS sought to increase royalties payable from a Puerto Rico affiliate to Medtronic, Inc....
|Agencies Establish Baseline Cybersecurity Safeguards for Information Systems Containing Federal Contract Information|
Chad O. Dorr, Christopher M. Tipler, D. Grayson Yeargin; Jones Day;
June 26, 2016, previously published on June 2016Continuing its race to protect sensitive data, the United States federal government recently added cybersecurity requirements that establish basic safeguards governing information systems that government contractors must implement for new procurements. Effective June 15, 2016, the government is...
|Supreme Court Decides Validity of Implied False Certification Theory in Universal Health Services v. Escobar|
J. Andrew (Andy) Jackson, Laura F. Laemmle-Weidenfeld, Brian J. Murray, Kenton James Skarin, Stephen G. (Steve) Sozio; Jones Day;
June 26, 2016, previously published on June 2016On June 16, 2016, the U.S. Supreme Court decided Universal Health Services v. United States ex rel. Escobar, a widely anticipated decision with implications for health care provider and government contractor liability under the False Claims Act ("FCA"). The case addressed whether the...
|Direct Claims Against UK Insurers of Insolvent Defendants|
Tyrone R. (Ty) Childress, Ian F. Lupson, Barnaby C. Stueck; Jones Day;
June 26, 2016, previously published on June 2016On 1 August 2016, six years after it received Royal Assent, the UK Third Parties (Rights Against Insurers) Act 2010 (the "2010 Act") will finally come into force. It is expected to provide an effective mechanism for third-party claimants to seek recovery directly from an insolvent...