Document(s) published by this organization: 381
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|Supreme Court Grants Certiorari in TCPA Case that May Determine Whether an Offer of Complete Relief Moots a Class Action|
Michael F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, J. Todd Kennard, Noah Ryan Litton; Jones Day;
May 27, 2015, previously published on May 2015On May 18, 2015, the United States Supreme Court granted certiorari in a matter that may decide a fundamental question in class actions in general and class actions under the Telephone Consumer Protection Act ("TCPA") in particular: whether a case becomes moot, and thus beyond the...
|Mach Mining, LLC v. EEOC: Supreme Court Holds that Courts May Engage in Limited Review of EEOC Conciliation Efforts|
Eric S. Dreiband, Brian M. Jorgensen, Alison B. Marshall; Jones Day;
May 26, 2015, previously published on May 2015On April 29, 2015, the United States Supreme Court unanimously held that courts have authority to review whether the U.S. Equal Employment Opportunity Commission ("EEOC") has fulfilled its Title VII duty to attempt conciliation. Justice Elena Kagan's opinion clarified, however, that...
|Divided Federal Circuit Panel Stands by the Single Entity Rule for Direct Patent Infringement|
Gregory A. Castanias, Matthew J. Silveira, Jennifer L. Swize; Jones Day;
May 26, 2015, previously published on May 2015On May 13, 2015, in Akamai Technologies, Inc. v. Limelight Networks, Inc., a divided Federal Circuit panel again concluded that direct infringement liability of a method claim exists only "when all of the steps of the claim are performed by or attributed to a single entity."
|Bank Fees Class Action in Australia Fails Before Full Federal Court|
John Emmerig, Michael Legg; Jones Day;
May 26, 2015, previously published on May 2015In Paciocco v Australia and New Zealand Banking Group Limited ("ANZ")  FCAFC 50, the Full Court of the Federal Court of Australia (the intermediate appeals court in the Federal Court hierarchy) overturned the trial judge's finding that ANZ credit card late payment fees were...
|COMESA Amends Antitrust Rules Requiring Merger Filings in Eastern and Southern Africa|
Javade Chaudhri, Ashley M. Howlett, Francesco Liberatore, Weyinmi E. Popo, Johannes G. Zöttl; Jones Day;
May 26, 2015, previously published on May 2015The COMESA Competition Commission (CCC) has announced new thresholds for determining whether a merger or acquisition transaction must be filed and obtain clearance through the CCC. COMESA is the 19-country Common Market of Eastern and Southern Africa (COMESA), whose largest members are Egypt and...
|Hong Kong: Clarification on Calculation of Payment under the Protection of Wages on Insolvency Ordinance|
Anita Leung, Michael Mai; Jones Day;
May 26, 2015, previously published on Spring 2015The Protection of Wages on Insolvency Fund (the "Fund") was established in 1985 to provide timely relief in the form of an ex gratia payment to eligible employees affected by the insolvency of their employers, for example where employees' severance payments are withheld pending winding-up...
|Japan: Enforcement of Act on Special Measures Concerning Fixed-Term Employees with Expert Knowledge, Etc.|
Yusuke Hanada, Rika Sato; Jones Day;
May 26, 2015, previously published on Spring 2015On April 1, 2015, the Act on Special Measures concerning Fixed-Term Employees with Expert Knowledge, etc. (the "Act") came into force. The Act provides for certain exceptions to the "rule of conversion into indefinite-term contracts." This rule, contained in the Labor Contract...
|First Australian Carbon Abatement Auction|
Jim Parker; Jones Day;
May 26, 2015, previously published on Spring 2015In April 2014, the Australian Federal government released a White Paper outlining the design of the Emissions Reduction Fund ("ERF"), which was covered in the Summer 2014 issue of the Climate Report. The ERF is the cornerstone of the Coalition government's Direct Action Plan, which...
|Application of VAT Rules to Transactions between Head Office and Permanent Establishment|
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
May 15, 2015, previously published on May 2015For French corporation tax purposes, a French permanent establishment (PE) of a non-French tax resident corporation is treated as a separate taxable person including, generally, in its dealings with its head office. International tax treaties, signed by France, define how income and expenses...
|Unreasonable to Require Consideration of Redeployment to "Associated Entities" Lacking Common Managerial Control|
Adam Salter; Jones Day;
May 15, 2015, previously published on May 2015In recent FWC decisions, the unfair dismissal claims of four mineworkers employed by a Rio Tinto subsidiary have been dismissed by the Commission, confirming that workers who seek redeployment in an associated entity must establish evidence of overall managerial control and integration between the...