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HTMLThe UK Court of Appeal Orders a Retrial in Landmark Keyword Advertising Case
Indradeep Bhattacharya, Alastair J. McCulloch; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The 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...

 

HTMLBetter Late Than Never: Claims Filed Years Late Did Not Waive Subordination Agreement Priorities or Warrant Equitable Subordination
Joseph A. Florczak; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The Bankruptcy Code dictates the priority of distributions to the holders of allowed secured and unsecured claims in accordance with various statutory priority schemes. However, the Bankruptcy Code also provides that consensual pre-bankruptcy agreements between or among creditors that prioritize...

 

HTMLFederal Circuit Court Acknowledges Breadth of Workplace Rights in Adverse Action Claims
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
In Evans v Trilab Pty Ltd [2014] FCCA 2464, Judge Lucev held that an adverse action claim can be based on the exercise of rights that do not arise from statutory, regulatory or contractual provisions and are only indirectly connected to employment.

 

HTMLIndustrial Disputes More Likely as Prime Minister Increases Pressure on Corrupt Trade Unions
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The tradition of new Australian federal governments making widespread legislative changes to labour law upon winning power seemed to have been broken in 2013: the newly elected Prime Minister Tony Abbott had already declared that the labour policies of the previous Liberal government were...

 

HTMLNew Chilean Insolvency Law Promotes Reorganizations
Mark G. Douglas; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
A 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...

 

HTMLFrench Tax Update - Draft Amending Finance Bill for 2014 and Noteworthy S2 Publications
Nicolas Andre, Siamak Mostafavi; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
The present French Tax Update will discuss (i) the Draft Amending Finance Bill for 2014 (Projet de loi de finances rectificative pour 2014, 2014 PLFR) that is currently being discussed before the French Parliament (in addition to the Draft Finance Bill for 2015 (Projet de loi de finances pour...

 

HTMLAustralia Court Rejects Antitrust Challenge to Air Cargo Cartel, Finding "No Market in Australia"
Sébastien J. Evrard, John M. Majoras, J. Bruce McDonald, Prudence J. Smith, Nick Taylor; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The Federal Court of Australia has dismissed the court action brought by the Australian Competition and Consumer Commission (ACCC) relating to air cargo price fixing. The lawsuit was commenced against 15 international airlines, but ultimately pursued against just two airlines, Air New Zealand and...

 

HTMLWill Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...

 

HTMLTexas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions
Scott W. Cowan, Kent W. Lindsay, Andrew D. Ness, William R. Taylor, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
The Texas Supreme Court held that a no-delay-damages provision cannot shield an owner from liability for deliberately and wrongfully interfering with a contractor's work. Zachry Constr. Corp. v. Port of Houston Auth., No. 12-0772, 2014 Tex. LEXIS 768, at *43 (Tex. Aug. 29, 2014). The court not only...

 

HTMLAntitrust Alert: German Federal Court of Justice Clarifies Limits of No-Poaching Agreements under German Commercial Law
Johannes G. Zöttl; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
In a decision dated 30 April 2014, but published only recently, the German Federal Court of Justice ("FCJ") struck down an agreement between two companies not to "poach" each others’ employees as violating the German Commercial Code (Handelsgesetzbuch, "HGB")....

 


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