Document(s) published by this organization: 370
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|Amendment to Drugs and Medical Devices Law in Japan Takes Effect|
Laurie A. Clarke, Colleen Heisey, Scott T. Jones, Mark Mansour, Mitsutaka Okano; Jones Day;
December 16, 2014, previously published on December 2014A material amendment to the law regulating drugs and medical devices in Japan has recently been implemented. The amendment mainly covers (i) establishing a fast-track authorization process for regenerative medicine products (described below), (ii) restructuring medical device regulations, and (iii)...
|The UK Court of Appeal Orders a Retrial in Landmark Keyword Advertising Case|
Indradeep Bhattacharya, Alastair J. McCulloch; Jones Day;
December 16, 2014, previously published on November 2014The UK Court of Appeal ("CA") has unanimously overturned the first instance finding of infringement in Interflora v Marks & Spencer and has ordered a retrial. The CA's decision to order a retrial is unusual, although it is most likely a function of the unique circumstances surrounding...
|In Brief: Enforceability of Waivers of the Automatic Stay|
Michael J. Cohen; Jones Day;
December 16, 2014, previously published on November/December 2014An article appearing in the July/August 2014 issue of the Business Restructuring Review discusses a ruling by an Oregon bankruptcy court that held unenforceable a negative covenant in a limited liability company's operating agreement prohibiting the company from filing a bankruptcy petition, among...
|Luxembourg Leaks: Potential Risks to Companies Whose Luxembourg Tax Rulings Have Been Released to the Public|
Lodewijk P.W. Berger, Thomas Jestaedt, Scott M. Levine, Howard M. Liebman, Raymond J. Wiacek; Jones Day;
December 16, 2014, previously published on November 2014This week, the so-called "International Consortium of Investigative Journalists" ("ICIJ"), on its website, leaked a total of 548 tax rulings that multinational companies obtained in Luxembourg in the period from 2002 to 2010.
|Administrator v. Pirker: NTSB Holds that Existing Regulations Can Apply to Unmanned Aerial Systems (Drones)|
Jeffrey J. Immel, Rebecca MacPherson, Jameson C. Rohrer, Devin A. Winklosky; Jones Day;
December 16, 2014, previously published on December 2014On November 18, 2014, the National Transportation Safety Board ("NTSB") issued its long-awaited decision in Administrator v. Pirker. The NTSB reversed the holding of the Administrative Law Judge ("ALJ") and found that 14 C.F.R. § 91.13(a), which forbids careless or reckless...
|New Chilean Insolvency Law Promotes Reorganizations|
Mark G. Douglas; Jones Day;
December 16, 2014, previously published on November/December 2014A new insolvency law was approved by the Chilean Congress at the end of 2013 and became effective in October 2014. The legislation substantially overhauls Chile's prior insolvency law, particularly with respect to business insolvency cases. It incorporates a number of provisions that permit the...
|Mexican President Peña Promulgates Regulations to the Secondary Laws of the Energy Reform|
José Estandía, Mauricio E. Llamas C., William Prescott Mills, Alberto de la Parra Z.; Jones Day;
December 16, 2014, previously published on November 2014Pursuant to the transitory articles of the Secondary Laws to Mexico's Energy Reform, enacted on August 11, 2014, Mexican President Enrique Peña Nieto has announced the issuance of a series of clarifying Regulations, with an effective date of October 31, 2014 (the "Regulations").
|New York Puts Assets in Foreign Bank Branches Beyond the Reach of Judgment Creditors|
Lee A. Armstrong, Sevan Ogulluk; Jones Day;
December 16, 2014, previously published on November 2014Two weeks ago, the New York Court of Appeals issued a decision of great importance to global financial institutions. For the first time, the state's highest court confirmed that New York common law prevents a court from freezing a civil judgment debtor's assets held in foreign bank accounts....
|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...
|First PTAB Decisions in Derivation Proceedings|
Michael J. Bruner, Erin C. Dickerman, Thomas E. Friebel; Jones Day;
December 16, 2014, previously published on December 2014The America Invents Act ("AIA") eliminated interference proceedings for applications having a claim with an effective filing date on or after March 16, 2013, and created derivation proceedings for those applications.