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HTMLCredit Bidding Alert: Fifth Circuit Rules That Inaction Results in Waiver of Right to Credit Bid
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
June 10, 2015, previously published on May/June 2015
Even after the U.S. Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012), pronounced in no uncertain terms that a secured creditor must be given the right to “credit bid” its claim in a bankruptcy sale of its collateral, the controversy over...

 

HTMLDigital Health Law Update, Vol. I, Issue 3
Stephen E. Gillette, Alexis Slagle Gilroy, Kevin D. Lyles, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
On May 19, 2015, Alabama and Minnesota became the seventh and eighth states, respectively, to enact the Interstate Medical Licensure Compact, joining Idaho, Montana, Utah, South Dakota, Wyoming, and West Virginia. Adoption by the seventh state means the Compact is now effective for the adopting...

 

HTMLSupreme Court Affirms Narrow Scope of Wartime Suspension of Limitations Act, Interprets False Claims Act "First to File" Rule
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Grant H. Willis, Donald G. Yeargin; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
In a unanimous decision issued on May 26, 2015, the United States Supreme Court closed the window that several lower courts had opened for bringing False Claims Act ("FCA") actions, finding that the Wartime Suspension Limitations Act ("WSLA"), 18 U.S.C. §3287, applies only...

 

HTMLDoing Business with the Government? What You Should Know about Cybersecurity
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Government contractors are in a difficult position when it comes to cybersecurity. Not only do they need to worry about cybersecurity issues that affect almost every company, but they also often house sensitive government data that can carry additional obligations. Further, the very fact that they...

 

HTMLExit Tax on Eligible Assets that Become Subject to the French Reit-Like Regime
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Companies that have elected for the specific REIT-like tax regime set forth under Articles 208 C et seq of the French tax code (Société d'Investissements Immobiliers Cotée, SIIC) are exempt from corporate income tax on (i) rental income (realized either directly or through tax...

 

HTMLExceptional Depreciation of Industrial Assets 
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
The French Government introduced as part of its bill for growth and activity (Projet de loi pour la croissance et l'activité, or Projet de loi Macron, Macron Draft Law) a new measure aiming at boosting industrial investment in France: an exceptional additional 40 percent depreciation of...

 

HTMLU.S. Treasury Department Releases Proposed Model Treaty Provisions
Lodewijk P.W. Berger, Patrick J. Browne, Joseph A. Goldman, Karl L. Kellar, Raymond J. Wiacek; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
On May 20, 2015, the U.S. Treasury Department released for public comment draft updates to the U.S. model income tax convention and its accompanying Technical Explanation (collectively, the "Model Treaty"), which was last updated in 2006. The Model Treaty is the template that Treasury...

 

HTMLRetroactivity of the Limitation on the Deductibility of Capital Losses
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
On May 7, 2015, the Conseil d'Etat requested from the Conseil constitutionnel, on behalf of a French bank, a QPC on the conformity to the French Constitution of Article 18 of the Amending Finance Law for 2012 dated August 16, 2012 (Finance Law for 2012), which introduced a limitation on the...

 

HTMLCorporate Tax Treatment of Loans Between A French Head Office and A Non-French Branch
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
A French bank, acting from its head office, had advanced loans to various branches located in China, Philippines, India, Singapore, and Thailand. In certain cases, the interest paid on the loans was subject to WHT in the source country, and the head office took the position that it was entitled to...

 

HTMLRecent Requests For Priority Preliminary Rulings
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
An application for a priority preliminary ruling on the issue of constitutionality (Question prioritaire de constitutionnalité, QPC) is the right of any person who is involved in legal proceedings before a court to argue that a statutory provision infringes rights and freedoms guaranteed by...

 


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