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HTMLMotions to Disqualify Opposing Counsel in Patent Trial and Appeal Board Proceedings
David B. Cochran, Thomas E. Friebel, Anthony M. Insogna, Matthew W. Johnson, Gregory L. Lippetz; Jones Day;
Legal Alert/Article
February 16, 2016, previously published on February 2016
Motions to disqualify opposing counsel often raise difficult issues of legal ethics. Behind any motion to disqualify, two competing interests are implicated: the client's right to the attorney of its choice versus the need to maintain ethical standards of professional responsibility. Few things are...

 

HTMLClarification of the Scope of the French Payroll Tax
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 15, 2016, previously published on February 2016
Employers established in France which have less than 90 percent of their turnover liable to Value Added Tax ("VAT") are subject to a payroll tax (taxe sur les salaires) imposed at rates up to 20 percent. This tax is in practice mostly due by financial institutions and holding companies...

 

HTMLEuropean Commission Publishes Draft Anti Tax Avoidance Package
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 15, 2016, previously published on February 2016
On January 28, 2016, the EU Comm has published several draft measures to combat aggressive tax planning, increase tax transparency and create a tax level playing field within the European Union ("Anti Avoidance Package").

 

HTMLImportant Lessons for Protecting Patient Data in Recent FTC Action on Vendor's "Encryption" Claims
Stephen E. Gillette, Alexis Slagle Gilroy, Kevin D. Lyles, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
Legal Alert/Article
February 15, 2016, previously published on February 9, 2016
As new technologies and delivery models create challenges for health care providers in regard to protecting patients' personal health information, many have incorporated or are incorporating encryption tools into their electronic health records and technology platforms to help ensure compliance...

 

HTMLTreaty Shopping: The Abuse of Law Procedure May Be Applied in Respect of a Double Tax Treaty
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 15, 2016, previously published on February 2016
In a decision issued on December 17, 2015, the Versailles CAA ruled that the interposition of a Luxembourg company in order to carry out the sale of French real estate assets without triggering capital gains taxation in France falls under the abuse of law ("AoL") doctrine.

 

HTMLEuropean Commission Concludes Belgian Excess Profit Scheme Illegal
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 15, 2016, previously published on February 2016
Since 2005, the Belgian so-called excess profit tax scheme ("EPS") is a tax regime allowing certain international groups to pay substantially less corporate taxes in Belgium. In practice, the Belgian tax authorities issue a ruling allowing the relevant Belgian corporate taxpayer to reduce...

 

HTMLPriority Preliminary Ruling on Earn-Out Payments
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 15, 2016, previously published on February 2016
As discussed in our Update for November 2015, the Conseil d’Etat had referred in a decision dated October 14, 2015, to the French Constitutional Court (Conseil Constitutionnel) a priority preliminary ruling request (Question prioritaire de constitutionnalité) with respect to rules...

 

HTMLFrench CFC Rules
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 12, 2016, previously published on February 2016
For French corporate tax purposes, the basic rule is that of a strict territoriality, i.e., a French corporate taxpayer is taxed in respect of the income generated in France, and/or in respect of any income the taxation of which is attributed to France under a given international tax treaty.

 

HTMLSpecific Anti-Abuse Provision Attached to the Dividend Withholding Tax Exemption: Preliminary Ruling Requested
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
February 12, 2016, previously published on February 2016
On December 30, 2015, the Conseil d’Etat decided to request a preliminary ruling from the European Court of Justice ("ECJ") in respect of a case that is part of a series of cases involving the same group and pertaining to operation of the specific anti-abuse provision (i.e.,...

 

HTMLDutch Act Impacts Liability for Companies Working with Self-Employed Contractors
Mariëlle E.B.C. Daudt, Claire Reynaers, Lyda Stone; Jones Day;
Legal Alert/Article
February 12, 2016, previously published on February 2016
Companies often seek to engage contractors to perform certain services. This may be for a variety of reasons, often because certain contractors have particular skills but are not needed on a long-term basis. The most important thing for any organization when making a decision to engage a contractor...

 


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