Jones Day Document Search Results (334)
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|"Investment" Narrowly Construed under NAFTA in Apotex v. United States: A Recent Decision Provides a Narrow Interpretation of “investment” under NAFTA Chapter Eleven|
Melissa S. Gorsline, Steven L. Smith, Baiju S. Vasani; Jones Day;
August 28, 2013, previously published on August 2013In a recent NAFTA Investor-State claim brought against the United States by Apotex Inc., Canada's largest producer of generic drugs, the Tribunal upheld the United States' preliminary objections to jurisdiction on the grounds, inter alia, that the company's efforts to win approval for generic drugs...
|Governance Perspectives: Director Compensation Bylaws|
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
August 23, 2013, previously published on August 2013In two recent high-profile proxy contests, shareholders entered into incentive compensation arrangements with their director nominees that were intended to reward their particular nominees for increases in shareholder value or the activist’s profits. Elliott Management agreed to pay its...
|(Cross-)License Agreements in German Insolvency Proceedings: An Update|
Ansgar C. Rempp, Christian Staps; Jones Day;
August 23, 2013, previously published on August 2013On July 25, the Higher Regional Court (Oberlandesgericht) of Munich ruled that an irrevocable license does not become unenforceable in German insolvency proceedings. The judgment concerned the rejection of a cross-license by an insolvency administrator. Cross-license agreements play a significant...
|Upcoming Reform of the European Trademark System: EU Adopts Proposals for Revision|
Andreas Ebert-Weidenfeller, Marc F-X Groebl, Jakob Guhn; Jones Day;
August 22, 2013, previously published on August 2013In March 2013, 25 years after the commencement of the harmonization process in the EU, the European Commission adopted and published its long-awaited proposals for a revision of the European trademark system.
|Mexican Government Looking to Open Mexico's Oil, Gas, and Electricity Industries to Private Investors|
José Estandía, Francisco Pams, Alberto de la Parra; Jones Day;
August 17, 2013, previously published on August 2013On December 2, 2012, Mexican president Enrique Peña Nieto and Mexico's primary political parties entered into the "Pacto por México" (in English, the "Pact for Mexico"), which, among other things, called for reformation of Mexico's energy legal framework....
|The 2013 Proxy Season: Signs of a Turning Tide in Corporate Governance?|
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas; Jones Day;
August 16, 2013, previously published on August 2013The 2013 proxy season has ended, and many public companies are in a period of relative calm on the governance front before the season for shareholder proposal submissions begins in a few months. This Jones Day Governance Perspectives reflects on some of the highlights of the past proxy season and a...
|Viacom Int'l, Inc. v. Winshall: Delaware Supreme Court Reinforces Accounting Experts' Authority to Decide Purchase Price Disputes, Restricting Collateral Attack by Disgruntled Parties|
Elizabeth Clough Kitslaar, James A. White; Jones Day;
August 15, 2013, previously published on August 2013On July 16, the Delaware Supreme Court published an opinion that confirms and clarifies the scope of an accounting expert's authority to resolve post-closing financial disputes that parties have agreed to submit for resolution under the terms of a definitive business acquisition agreement. This...
|Court Enters Judgment Against EEOC in Criminal Background Check Case|
August 14, 2013, previously published on August 2013In a remarkably harshly worded decision issued on August 9, Judge Roger Titus of the United States District Court for the District of Maryland granted summary judgment against the EEOC in its challenge to the use of criminal background and credit history checks by a Maryland-based family-owned...
|President Disapproves ITC Remedial Orders Based on Standards-Essential Patent|
Blaney Harper, Ric Macchiaroli, David M. Maiorana; Jones Day;
August 14, 2013, previously published on August 2013President Obama, acting through the United States Trade Representative ("USTR"), has disapproved a limited exclusion order and cease and desist order issued by the United States International Trade Commission (the "Commission") that covered an allegedly standards-essential...
|Recent Mexican Tax Developments: Nonbinding Criteria, Tax Directives, and Tax Treaties Signed by Mexico with Kuwait and Colombia|
Rodrigo Gómez, Luis Ignacio Martel; Jones Day;
August 13, 2013, previously published on August 2013In May, the Mexican Tax Administration Service (the "SAT") issued an amendment to Annex 3 of the Mexican Administrative Tax Resolutions for 2013, which provides certain nonbinding criteria for taxpayers.