Document(s) published by this organization: 360
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|Enforcement of Covenants Not to Compete in Pennsylvania When the Employer Terminates the Employment Relationship|
Jeffrey J. Bresch, Rebekah Byers Kcehowski, Katelyn M. Matscherz; Jones Day;
December 16, 2014, previously published on December 2014Will Pennsylvania courts enforce a restrictive covenant against a terminated employee? In short, assuming the termination is not wrongful, Pennsylvania courts may enforce the restrictive covenant notwithstanding the employee's termination under certain circumstances. Insulation Corp. of Am. v....
|DIP Lender's Knowledge of Adverse Claim to Collateral Scuttles Mootness Bar to Appeal of Financing Order Based on "Good Faith"|
Mark G. Douglas, Paul M. Green, Thomas A. Howley; Jones Day;
December 16, 2014, previously published on November/December 2014The Bankruptcy Code provides certain protections to buyers of bankruptcy estate assets and to entities that extend credit or financing to a trustee or chapter 11 debtor-in-possession ("DIP"). However, these safe harbors are available only if a buyer or lender is deemed to have acted in...
|In Search of the Meaning of "Unreasonably Small Capital" in Constructively Fraudulent Transfer Avoidance Litigation|
Mark G. Douglas, Jane Rue Wittstein; Jones Day;
December 16, 2014, previously published on November/December 2014The meaning of "unreasonably small capital" in the context of constructively fraudulent transfer avoidance litigation is not spelled out in the Bankruptcy Code. As a result, bankruptcy courts have been called upon to fashion their own definitions of the term. Nonetheless, the courts that...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|Australia Court Rejects Antitrust Challenge to Air Cargo Cartel, Finding "No Market in Australia"|
Sébastien J. Evrard, John M. Majoras, J. Bruce McDonald, Prudence J. Smith, Nick Taylor; Jones Day;
December 10, 2014, previously published on November 2014The Federal Court of Australia has dismissed the court action brought by the Australian Competition and Consumer Commission (ACCC) relating to air cargo price fixing. The lawsuit was commenced against 15 international airlines, but ultimately pursued against just two airlines, Air New Zealand and...
|Foreign Investments Into the EU: Demystifying National Protectionism|
Matt Evans, Leon N. Ferera, Sophie Hagege, Francesco Liberatore, Robert A. Profusek; Jones Day;
November 12, 2014, previously published on October 2014The collision between capital/business interests and political/fiscal interests primarily comes to the fore in cross-border M&A. With the surge of big-ticket M&A activity beginning at the end of 2013, this has played out in the United States primarily as a fiscal issue, with U.S. politicians...
|Singapore's Data Protection Law|
Elaine Ho, Sushma Jobanputra, Anita Leung, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014Vast amounts of personal data are collected from or about individuals every day, and then used and transferred by organizations. In response to this growing trend and concerns regarding how such personal data is used, Singapore recently introduced the Personal Data Protection Act (Act 26 of 2012)...
|FCC Issues Massive $10 Million Fine in its First-Ever Data Security Enforcement Action|
Michael F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014The Federal Communications Commission ("FCC") voted on October 24, 2014 to pursue fines of $10 million against two companies for alleged violations of laws protecting the privacy of telephone customers' personal information. This is the second major enforcement action the FCC has taken to...
|TCPA Reform Heats Up: Opt Out Required for Solicited Faxes, and a Court Decision Pulls Back on Autodialers|
William F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on November 2014As previewed this summer, topics related to the Telephone Consumer Protection Act ("TCPA") appear to be ripe for reform at the Federal Communications Commission ("FCC") and beyond. Two recent decisions, one by the FCC and another by a U.S. District Court in the Southern District...
|Activist Overthrows Entire Darden Board of Directors: What It Means for Senior Managements|
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas, Erin S. de la Mare; Jones Day;
November 12, 2014, previously published on October 2014Starboard's 100 percent replacement of Darden Restaurants' board is a landmark activist event. Never before has any board been wholly thrown out of office absent a fundamental financial or operational meltdown. There is little doubt this will embolden activists, and likely stimulate one-upmanship...