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HTMLFish and Wildlife Service Proposes Changes to Eagle Protection Regulations
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
Legal Alert/Article
July 15, 2016, previously published on July 2016
On May 6, 2016, the U.S. Fish and Wildlife Service ("FWS") proposed changes to its regulations under the Bald and Golden Eagle Protection Act. FWS is accepting comments on the proposed rule until July 5, 2016.

 

HTMLSecond Circuit Rejects Government's Theory of Fraud in Major FIRREA Case: Court's Ruling Restricts When a Contractual Breach May Be Held Fraudulent Under Federal Law
Harold K. Gordon, Lisa M. Ledbetter, Rajeev Muttreja; Jones Day;
Legal Alert/Article
July 15, 2016, previously published on July 2016
On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants (collectively, "Countrywide") under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989...

 

HTMLMadden v. Midland Funding, LLC: Supreme Court Denies Review of Controversial Second Circuit Ruling
Traci L. Lovitt, Matthew A. (Matt) Martel, Anthony M. (Tony) Masero, Joseph B. (Joe) Sconyers; Jones Day;
Legal Alert/Article
July 15, 2016, previously published on June 2016
On June 27, 2016, the United States Supreme Court denied certiorari in Madden v. Midland Funding, LLC. This outcome is consistent with the Solicitor General's position that further review is not appropriate at this time. We previously addressed this case and petition here and the Solicitor...

 

HTMLBrexit: United Kingdom Votes to Leave the EU
John Phillips; Jones Day;
Legal Alert/Article
July 15, 2016, previously published on June 2016
The UK referendum has voted 52 percent to 48 percent to leave the European Union. This is the first time in the history of the European Union that a Member State has voted to withdraw from the trading bloc. What happens next?

 

HTMLIndonesia Loosens Foreign Investment Limits, but Some Industries Remain Protected
Michelle Angela, Elizabeth Cole, Sushma Jobanputra, Paul C. Kuo; Jones Day;
Legal Alert/Article
July 12, 2016, previously published on June 2016
On May 18, 2016, the Indonesian government revised its Negative Investment List (Daftar Negatif Investasi or DNI) through Presidential Regulation No. 44 of 2016. The revised Negative Investment List, which was part of a recent series of economic stimulus packages, creates opportunities for foreign...

 

HTMLA Guide to PHMSA's Proposed Rule Expanding Natural Gas Pipeline Safety Requirements
Kenneth B. (Ken) Driver, Nicholas M. (Nick) Faas, Jennifer M. (Jen) Hayes, David A. Kutik, Charles C. (Charlie) Read; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration's ("PHMSA") recent notice of proposed rulemaking would significantly expand the safety requirements that apply to the nation's natural gas pipelines.[1] Comments on the NPRM are due July 7,...

 

HTMLSupreme Court Rules that Chevron Deference Is Not Owed to Unexplained Agency Positions
Matthew R. (Matt) Cushing, Michael J. Gray, Matthew W. (Matt) Lampe, E. Michael (Mike) Rossman, Ryan J. Watson; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court decided Encino Motorcars v. Navarro, which held that an agency is not entitled to Chevron deference when it fails to give adequate reasons to support its regulation. The case involved the Department of Labor's unexplained decision to reverse a...

 

HTMLTexas Federal Court Declines to Apply State Law Privilege in False Claims Act Case
Joshua L. (Josh) Fuchs, Jane W. Walker, Molly M. Wilkens; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The Eastern District of Texas reminded practitioners that it is an uphill battle to use a state law privilege as a shield in qui tam False Claims Act cases. The court held that West Virginia's statutory bank examiner privilege did not apply to documents related to West Virginia's investigation of...

 

HTMLAuthorities Increasing Scrutiny of Employee Noncompete Agreements
Kathryn M. (Kathy) Fenton, Margaret A. (Peggy) Ward; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
U.S. authorities are increasingly scrutinizing noncompete provisions made part of employment agreements, with close focus on provisions restricting junior-level and low-wage employees. Common in technology firms, which frequently deal with proprietary information, noncompetes are becoming more...

 

HTMLSupreme Court Limits Extraterritorial Application of RICO
Anthony J. Dick, Gregory G. Katsas, Hashim M. Mooppan, Jacob M. Roth; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued a major decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The Court held that RICO's criminal provisions apply extraterritorially to a limited extent but that...

 


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