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HTMLCourt Rules That Trademark Licensees Are Protected by Section 365(n) and That Licensees’ Rights Cannot Be Extinguished by Sale Free and Clear Absent Consent
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January/February 2015
Protections added to the Bankruptcy Code in 1988 that give some intellectual property ("IP") licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a trademark...

 

HTMLBill Introduced in Congress Calls for Private Enforcement of All Food Regulations and Would Weaken Preemption Defenses
Jonathan Berman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January 2015
Recent years have seen a surge in private class actions alleging that food labels are misleading or misbranded. The viability of many of these cases, however, has been limited by two important provisions of the Food, Drug, and Cosmetic Act ("FDCA"). Section 310 provides that only the...

 

HTMLNew Telecommunications Privacy Rules for U.S. Broadband Providers
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...

 

HTMLFINRA and SEC Issue Cybersecurity Reports Identifying Common Industry Practices
Kyle T. Barrett, Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
New reports by the Financial Industry Regulatory Authority ("FINRA") and the SEC's Office of Compliance Inspections and Examinations ("OCIE") highlight the increased regulatory focus in the financial sector on cybersecurity. Both reports merit industry attention.

 

HTMLNew Support for Joint Representation of Company and Directors in Derivative Litigation
William S. Freeman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
When a shareholder seeks, by derivative litigation, to hold a corporation's officers or directors liable to the company, one of the first questions that arises for company counsel is whether the company and the individual defendants need separate counsel. A recent opinion from the Northern District...

 

HTMLAre Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...

 

HTMLABI Commission to Study the Reform of Chapter 11 Issues Final Report and Recommendations
Mark G. Douglas; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January/February 2015
After nearly three years of study and 16 public field hearings, a commission established by the American Bankruptcy Institute (the "ABI Commission") to study the reform of chapter 11 of the Bankruptcy Code issued its Final Report and Recommendations on December 8, 2014 (the...

 

HTMLThe Bitter and Sweet of the Wal-Mart/Comcast/Halliburton Triumvirate: More Grounds for Defeating Class Certification, But More Exposure to Discovery
Noah Ryan Litton, Chad A. Readler; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January 2015
Corporate litigants are still celebrating recent United States Supreme Court victories by defendants in high-profile class-action cases. As they should. After all, the trio of cases, Wal-Mart Stores, Inc. v. Dukes, Comcast Corp. v. Behrend, and Halliburton Co. v. Erica P. John Fund, Inc., mark a...

 

HTMLFederal Circuit Issues Foundational Decision in First IPR Appeal: In re Cuozzo Speed Technologies, LLC
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson, Jennifer L. Swize; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
On February 4, 2015, in a 2¿1 decision addressing two novel and foundational issues arising under the newly created inter partes review ("IPR") proceedings of the America Invents Act of 2011 ("AIA"), the Federal Circuit held that (i) institution decisions by the Patent...

 

HTMLOpportunities in Oil Financing and Investment: Meeting the Industry's Capital Needs in Challenging Times
Isaac Griesbaum, Kit Rockhill, Omar Samji; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
With crude oil prices tumbling nearly 60 percent since June 2014 to near six-year lows, the decline in energy company stocks alone has erased more than $263 billion in market value. Oil companies and investors alike are scrambling to adjust to lower oil prices. Oil producers in particular are in...

 


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