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HTMLU.S. Federal Trade Commission Increases Merger Notification and Interlocking Directorates Thresholds
Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
The U.S. Federal Trade Commission has issued the 2015 adjustments to the Hart-Scott-Rodino ("HSR") Act thresholds, which are used to determine when a transaction triggers premerger reporting requirements. The new HSR Act thresholds will take effect on February 20, 2015. The Commission...

 

HTMLExpecting the Unexpected: How to Prepare for, Respond to, and Survive a Search Warrant
Shireen M. Becker, Caitlin A. Bell; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
It is a company's worst nightmare. Out of the blue, government agents appear at the reception desk armed with a search warrant, demanding access to company emails, files, and other proprietary data. Employees soon notice and become increasingly anxious and agitated as agents comb through their...

 

HTMLExtensive Proposal on Prepaid Cards May Signal Broader CFPB Approach for Short-Term Credit Rules
Lisa M. Ledbetter, Courtney Lyons Snyder; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The Consumer Financial Protection Bureau's ("CFPB") proposed prepaid financial products rule ("Proposed Rule"), if adopted without change, would impose sweeping new requirements on issuers of prepaid products—that is, physical cards, apps, and other electronic devices that...

 

HTMLConsumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations
Undine von Diemar; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...

 

HTMLABI Commission to Study the Reform of Chapter 11 Issues Final Report and Recommendations
Mark G. Douglas; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January/February 2015
After nearly three years of study and 16 public field hearings, a commission established by the American Bankruptcy Institute (the "ABI Commission") to study the reform of chapter 11 of the Bankruptcy Code issued its Final Report and Recommendations on December 8, 2014 (the...

 

HTMLNew Support for Joint Representation of Company and Directors in Derivative Litigation
William S. Freeman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
When a shareholder seeks, by derivative litigation, to hold a corporation's officers or directors liable to the company, one of the first questions that arises for company counsel is whether the company and the individual defendants need separate counsel. A recent opinion from the Northern District...

 

HTMLBill Introduced in Congress Calls for Private Enforcement of All Food Regulations and Would Weaken Preemption Defenses
Jonathan Berman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January 2015
Recent years have seen a surge in private class actions alleging that food labels are misleading or misbranded. The viability of many of these cases, however, has been limited by two important provisions of the Food, Drug, and Cosmetic Act ("FDCA"). Section 310 provides that only the...

 

HTMLNew Telecommunications Privacy Rules for U.S. Broadband Providers
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...

 

HTMLOpportunities in Oil Financing and Investment: Meeting the Industry's Capital Needs in Challenging Times
Isaac Griesbaum, Kit Rockhill, Omar Samji; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
With crude oil prices tumbling nearly 60 percent since June 2014 to near six-year lows, the decline in energy company stocks alone has erased more than $263 billion in market value. Oil companies and investors alike are scrambling to adjust to lower oil prices. Oil producers in particular are in...

 

HTMLAre Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...

 


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