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HTMLMadden v. Midland Funding, LLC: Solicitor General Recommends Against Certiorari but Explains Flaws in the Second Circuit's Controversial Decision
Traci L. Lovitt, Matthew A. (Matt) Martel, Anthony M. (Tony) Masero, Joseph B. (Joe) Sconyers; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
This week, the Solicitor General filed a brief recommending that the U.S. Supreme Court deny certiorari in Madden v. Midland Funding, LLC because of, among other things, the absence of a circuit split and the possibility that the appellants may still prevail in the underlying dispute after the case...

 

HTMLTaxpayers and Retailers Be Warned!
Meghan S. Bean, Mark P. Rotatori, E. Kendrick (Ken) Smith; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On February 22, 2016, the United States Court of Appeals for the Tenth Circuit ruled in favor of the Colorado Department of Revenue ("Department") in a case that could have striking implications for both retailers and taxpayers. In Direct Marketing Association v. Brohl, No. 12-1175 (10th...

 

HTMLIRS Extends Windpower Developers' Time to Receive Production Tax Credits
Gerald P. (Jerry) Farano, Louis J. Jenull, Andrew P. Mina, Danielle M. Varnell, Todd Wallace; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 5, 2016, the Internal Revenue Service ("IRS") updated guidance regarding the "beginning of construction" requirement for renewable energy facilities seeking to qualify for the production tax credit ("PTC") and the investment tax credit ("ITC")...

 

HTMLTexas High Court Finds Texas Uniform Trade Secrets Act Can Exclude Opposing Party from Injunction Proceedings
Thomas F. Allen, Joseph M. (Joe) Beauchamp, Keith B. Davis, Richard J. (Jay) Johnson, Robert W. (Bob) Kantner; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
On May 20, 2016, the Texas Supreme Court issued its first decision interpreting the Texas Uniform Trade Secrets Act. In In re M-I, LLC, an opinion with significant implications, the Supreme Court held that a trial court may exclude a party's corporate representative from preliminary injunction...

 

HTMLConcurrent Delay: Clearing Up the Confusion Over "Apportionment" in Construction Litigation
Joseph E. (Joe) Finley, Esha Mankodi, Andrew D. (Andy) Ness, Kevin O'Brien, Christopher N. (Chris) Thatch; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
Whether a period of concurrent delay properly may be "apportioned" between the parties to a construction contract was a key issue recently in a major construction dispute. Jones Day represented the owners of a half-completed, multibillion dollar project, which had suffered a two-year...

 

HTMLThe Tide Has Turned: The SEC's Renewed Focus on Non-GAAP Financial Measures
Bradley C. (Brad) Brasser, Robert T. (Bob) Clarkson, Charles T. (Charlie) Haag, Linda A. Hesse, Rory T. Hood; Jones Day;
Legal Alert/Article
June 13, 2016, previously published on May 2016
For some time, the Securities and Exchange Commission, or SEC, took a noticeably hands-off approach toward the use of non-GAAP (generally accepted accounting principles) financial measures by public companies listed in the United States. However, recent developments have signaled a renewed focus on...

 

HTMLSabine Bankruptcy Judge Authorizes Rejection of Gas Gathering Agreements
Thomas A. (Tom) Howley, Omar Samji, Jeffrey A. (Jeff) Schlegel; Jones Day;
Legal Alert/Article
June 9, 2016, previously published on May/June 2016
In In re Sabine Oil & Gas Corp., 2016 BL 70494 (Bankr. S.D.N.Y. Mar. 8, 2016), Judge Shelley C. Chapman of the U.S. Bankruptcy Court for the Southern District of New York permitted Sabine Oil & Gas Corporation (“Sabine”) to reject three gas gathering and handling agreements with...

 

HTMLJFTC's Enhanced Cooperation in Enforcement with Foreign Competition Authorities
Harukuni Ito, Yuichiro Mori, John C. Roebuck, Shinya Watanabe, Yuki Yoshida; Jones Day;
Legal Alert/Article
June 8, 2016, previously published on May 2016
The Japan Fair Trade Commission (the "JFTC") has been working to enhance cooperation in enforcement with foreign competition authorities. In 2015 and 2016, the JFTC has executed agreements on enforcement cooperation with the Australian competition authority, the Australian Competition and...

 

HTMLAmendment to the Employment Insurance Act
Harukuni Ito, Yuichiro Mori, John C. Roebuck, Shinya Watanabe, Yuki Yoshida; Jones Day;
Legal Alert/Article
June 8, 2016, previously published on May 2016
The Amendment to the Employment Insurance Act Etc. (the "Amendment") was enacted on March 29, 2016. The Amendment amends the Employment Insurance Act and related acts for the purposes of preventing worker turnover while also promoting the reemployment of previously employed workers and...

 

Adobe PDFCredit Default Risk in Latin America: A Regional Outlook
Robert da Silva Ashley, Maria Luisa Canovas, Marcello Hallake, Pedro A. Jiménez, Javier L. Martínez del Campo; Jones Day;
Legal Alert/Article
June 8, 2016, previously published on May 2016
In our January 2016 Commentary, “Are You Ready for the Emerging Market Credit Bust?,” we noted that with emerging market debt levels soaring to unprecedented heights and the inevitable cross-border repercussions of defaults, creditors were going to need a well-planned,...

 


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