Jones Day Document Search Results (368)
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|Court 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;
February 26, 2015, previously published on January/February 2015Protections 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...
|Bill Introduced in Congress Calls for Private Enforcement of All Food Regulations and Would Weaken Preemption Defenses|
Jonathan Berman; Jones Day;
February 26, 2015, previously published on January 2015Recent 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...
|New Telecommunications Privacy Rules for U.S. Broadband Providers|
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
February 26, 2015, previously published on February 2015Turn-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...
|FINRA 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;
February 26, 2015, previously published on February 2015New 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.
|New Support for Joint Representation of Company and Directors in Derivative Litigation|
William S. Freeman; Jones Day;
February 26, 2015, previously published on February 2015When 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...
|Are Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case|
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
February 26, 2015, previously published on February 2015A 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...
|ABI Commission to Study the Reform of Chapter 11 Issues Final Report and Recommendations|
Mark G. Douglas; Jones Day;
February 26, 2015, previously published on January/February 2015After 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...
|The 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;
February 26, 2015, previously published on January 2015Corporate 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...
|Federal 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;
February 26, 2015, previously published on February 2015On 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...
|Opportunities in Oil Financing and Investment: Meeting the Industry's Capital Needs in Challenging Times|
Isaac Griesbaum, Kit Rockhill, Omar Samji; Jones Day;
February 26, 2015, previously published on February 2015With 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...