Jones Day Document Search Results (239)
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|Delaware Supreme Court Affirms $2 Billion Damages Award for Controlling Stockholder Transaction Found to be Unfair|
September 10, 2012, previously published on September 2012In October 2011, Chancellor Leo Strine of the Delaware Chancery Court awarded more than $1.2 billion in damages and interest to Southern Peru Copper Corp. ("Southern Peru") after determining at trial that in a "manifestly unfair transaction," it had substantially overpaid for a...
|The FATCA Protocol: To Adhere or Not To Adhere?|
Ilene Katinka Froom, Kent L. Killelea, Edward J. Nalbantian, Todd Wallace; Jones Day;
September 10, 2012, previously published on September 2012On August 15, 2012, the International Swaps and Derivatives Association ("ISDA") released a new Protocol relating to the effect on ISDA derivatives of taxes levied by the United States under the Foreign Account Tax Compliance Act ("FATCA"). FATCA was enacted in 2010 as part of...
|CFTC Approves Conforming Amendments to Commodity Pool Advisor and Commodity Trading Advisor Regulations|
Jonathan J. Ching, Anthony L. Perricone, Joel S. Telpner, Alice Freida Yurke; Jones Day;
September 3, 2012, previously published on August 2012On August 23, 2012, the Commodity Futures Trading Commission ("CFTC") approved conforming amendments to Part 4 of its regulations. Among other requirements, Part 4 requires the registration of commodity pool operators ("CPOs") and commodity trading advisors ("CTAs")...
|The Safe Harbor for FDA Submissions Expands: Did the Federal Circuit Reverse Course?|
Jonathan Berman, Anthony M. Insogna; Jones Day;
September 3, 2012, previously published on August 2012Section 271(e)(1) of the patent code, known as the “safe harbor” provision, immunizes from infringement suits various acts that are undertaken in order to submit information to the Food and Drug Administration (“FDA”). The scope of these various acts and thus of the safe...
|Enforcing Patent Rights at German Trade Fairs: An Effective Tool Against Competitors|
Christian Paul, Kai Rüting; Jones Day;
September 3, 2012, previously published on August 2012From a patent law perspective, trade fairs carry significant risks but also offer far-reaching opportunities. Obviously, trade fairs provide companies with a visible platform to present new products to the public and clients. In the spotlight of public attention, exhibitors will want to avoid...
|Traps for the Unwary in Disputes Involving China|
Jerry C. Ling, Michael Vella; Jones Day;
August 27, 2012, previously published on August 2012"Primum non nocere" or "first, do no harm" is a fundamental precept of the medical profession. Though not often cited by lawyers, this principle should also guide us when we assist clients in legal disputes and internal investigations involving companies doing business in the...
|Regulatory and Legislative Responses to Drug Shortages|
Jonathan Berman; Jones Day;
August 27, 2012, previously published on August 2012Over the past year, the problem of drug shortages has received markedly increased attention from the federal government. This July, Congress passed new legislation addressing shortages (Title X of the Food and Drug Administration Safety and Innovation Act, which is better known as the User Fee...
|Pan-European Preliminary Injunctions in Patent Infringement Proceedings: Do We Still Need a European Unified Court System?|
Emmanuel Baud, Edouard Fortunet, Alastair J. McCulloch, Christian Paul, Kai Rüting; Jones Day;
August 27, 2012, previously published on August 2012The Court of Justice of the European Union ("ECJ"), Europe's highest court in charge of interpreting harmonized laws among the 27 member states, has set the scene for a new option in patent infringement proceedings in Europe. In the decision Solvay v. Honeywell Companies (Case C-616/10),...
|Eased Sanctions Widen Doorway to Myanmar Oil and Gas Sector|
Michael E. Arruda, Michael P. Gurdak, Fahad A. Habib, Jeffrey A. Schlegel, Harriet Territt; Jones Day;
August 18, 2012, previously published on August 2012On July 11, 2012, the United States formally eased certain sanctions relating to “new investment” in the Union of Myanmar (“Myanmar”) and on the exportation of financial services to Myanmar. This change in the scope of the Burmese Sanctions Regulations, implemented by...
|The Affordable Care Act At 2 1/2--What Employers Should Expect Now|
August 18, 2012, previously published on August 2012Almost two and a half years have passed since President Obama signed into law the Patient Protection and Affordable Care Act (“PPACA”; P.L. 111-148, 124 Stat. 119), and its companion amendment, the Health Care and Education Reconciliation Act of 2010 (“HCERA”; P.L. 1 1...