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HTMLTax Treatment of Interest Rate Swaps
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
The issuance of the so-called "repackaged TSDIs" was very much in favor in France in the '80s and early '90s.

 

HTMLIndependence of Criminal and Tax Proceedings
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
French case law, be it from criminal or tax courts, generally considers that criminal law procedure and tax procedure under administrative law are autonomous.

 

HTMLDraft Law Proposes to Put an End to Dual Enforcement of Market Abuses and more Generally Overhaul Enforcement of Market Abuses
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
As previously reported, case law from both the European Court of Human Rights and the French Constitutional council requires amending current rules that provide for the dual enforcement of market abuses (i.e., insider trading, market manipulation, misinformation), both by the enforcement body of...

 

HTMLProposed Change to the FTT Rules
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
During the first phase of the parliamentary discussions of the Finance Bill for 2016 (Projet de Loi de finances pour 2016), the members of the lower house (Assemblée Nationale) have adopted a change to the computation of the taxable basis of the FTT. The FTT applies to the acquisition of...

 

HTMLMarket Rate Interest
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
The Appeal Court of Versailles had to deal with a situation where the FTA had taken the view that an interest rate paid by a financial institution to certain affiliates was abnormally high and therefore non-deductible.

 

HTMLImputation of Cross-Border Tax Losses under Tax Treaties
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
In a decision dated July 8, 2015, the Appeal Court of Versailles provided an unprecedented precision in respect of the so-called generalized tax credit ("GTC") method used by certain double tax treaties entered into by France in order to eliminate double taxation situations.

 

HTMLFiat/Starbucks Tax Rulings Constitutive of Illegal State Aid
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
November 12, 2015, previously published on November 2015
On October 21, 2015, the European Commission concluded, following its investigations, that the tax rulings granted to (i) a Luxembourg subsidiary of Fiat by the Luxembourg tax authorities and (ii) a Dutch subsidiary of Starbucks by the Dutch tax authorities were constitutive of illegal State aid to...

 

HTMLGroup Members and Unsuccessful Class Actions in Australia-Anshun Estoppel and Abuse of Process
John Emmerig, Michael J. Legg; Jones Day;
Legal Alert/Article
November 10, 2015, previously published on November 2015
The Timbercorp Group was in the business of operating horticultural and forestry managed investment schemes ("MISs"). It invested in excess of $2 billion on behalf of about 18,500 investors. In addition, Timbercorp Finance Pty Ltd ("Timbercorp Finance") made loans to investors...

 

HTMLThe Future of Australia’s Independent Commission Against Corruption’s Jurisdiction and Powers
John Emmerig, Michael J. Legg; Jones Day;
Legal Alert/Article
November 9, 2015, previously published on November 2015
In April 2015, the High Court handed down the decision of Cunneen in which it held that the definition of “corrupt conduct” in the ICAC Act is narrower than ICAC had previously understood.[1] The High Court was tasked with attributing meaning to the phrase “adversely...

 

HTMLConference of German Data Protection Officers' Position Paper Offers Guidance on Safe Harbor Decision: No New Approvals for Data Transfers to the U.S. Based on BCRs or Ad-Hoc Clauses
Ted-Philip Kroke, Mauricio F. Paez, Stefanie Stoehr, Undine von Diemar; Jones Day;
Legal Alert/Article
November 5, 2015, previously published on October 2015
On October 26, 2015, the Conference of the Data Protection Commissioners of the German Federation and the German States (the "Conference") issued a position paper (source document in German), which followed the Article 29 Working Party's October 16, 2015 statement on the practical...

 


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