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HTMLWill the European Commission Reduce Use of the Commitment Procedure in Dominance Cases?
Eric Barbie de la Serre; Jones Day;
Legal Alert/Article
May 13, 2015, previously published on May 1, 2015
Eleven years after its entry into force, the EU commitment procedure still appears as a formidable success. Recent developments nonetheless show that the tide may be turning. This is true even in cases concerning potential abuses of a dominant position, for which the commitment procedure had de...

 

HTMLDigital Health Transactions¿Are You Doing Your Due Diligence?
Scott A. Edelstein, Stephen E. Gillette, Alexis Slagle Gilroy, Kevin D. Lyles, Soleil E. Teubner; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
With investment in digital health start-ups growing exponentially in recent years, it is important that interested parties proceed with a transactional perspective attuned to the unique regulatory environment of this industry. Investors, strategic partners, and others looking to acquire a stake in...

 

HTMLEU's Accelerated M&A Activity in Telecom and Tech Sectors Prompts Regulatory Questions
Paloma Bru, Francesco Liberatore, Holger Neumann, Bruce A. Olcott, Alexandre G. Verheyden; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
M&A activity in the telecommunications and technology sectors is running at levels not seen since the dot-com bubble of the late 1990s. Much of the optimism stems from the rise of new communications services, such as, amongst others, Communications as a Service ("CaaS"), Voice over IP...

 

HTMLOnce More Unto the Breach—The New "Fiduciary" Definition
Alan S. Miller, Sara R. Pikofsky; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
On April 14, 2015, the Department of Labor (the "Department") re-proposed regulations (the "Proposed Regulations") that define when someone becomes a fiduciary by reason of providing "investment advice for a fee or other compensation." The Proposed Regulations are the...

 

HTML"Fail Safe" Class Definitions Are Improper Under the Telephone Consumer Protection Act
Michael F. Dolan, Daniel J. Fabiano, J. Todd Kennard; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
Companies faced with Telephone Consumer Protection Act ("TCPA") class action claims should consider whether the plaintiff's proffered class definition is subject to attack as being an improper "fail-safe" class, i.e., a class in which the class is (impermissibly) defined so that...

 

HTMLSEC Proposes Pay versus Performance Disclosure Requirements
Robert T. Clarkson, Stephen P. Coolbaugh, Thomas C. Daniels, Wendy L. Moore Davis, Charles T. Haag; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on May 2015
On April 29, 2015, the SEC issued a proposing release regarding the so-called "pay versus performance" disclosure mandated by Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules would require certain companies registered under Section 12 of...

 

HTMLChina Aims for National Carbon Market by 2016
Jim Parker; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on Winter 2015
In November 2014, the United States and China issued a joint announcement recognizing that each nation had a "critical role to play" in combating global climate change—and announcing measures to be taken by each nation in that regard.

 

HTMLTexas Attorney General Settles Alleged Boycott Case
Thomas F. Allen, Thomas R. Jackson, Robert W. Kantner, J. Bruce McDonald, Thomas D. York; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
The Texas Attorney General has settled its challenge to an agreement among sellers of dental supplies that, in the State's view, prevented competition by a new entrant in Texas. This case is a reminder that even local activities may be the subject of antitrust enforcement by state attorneys...

 

HTMLIllinois Attorney General's Office Announces Intention to Dismiss False Claims Act Against Liquor Retailers
Yael D. Aufgang, Morgan R. Hirst, Mark P. Rotatori; Jones Day;
Legal Alert/Article
May 12, 2015, previously published on April 2015
More than 50 cases have been filed against out-of-state liquor retailers and other retailers pursuant to the Illinois False Claims Act ("FCA") in Cook County, Illinois Circuit Court in Chicago. These cases are currently pending before Circuit Court Judge James Snyder.

 

Adobe PDFReflective Loss, Trusts and Australian Class Action Settlements
John Emmerig, Greta Gingell, Michael Legg; Jones Day;
Legal Alert/Article
May 8, 2015, previously published on April 2015
In 2008, the value of units of the MFS Premium Income Fund (the “Fund”), a property trust, diminished in value following the tightening in credit markets as a result of the global financial crisis.

 


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